57th Congress, ) SEXATE. ( Doc. No. 205^ 

1st Session . \ \ Part 1. 



CHARGES OF CRUELTY. ETC., TO THE NATIVES OF THE 

PHILIPPINES. 



LETTER FROM THE SECRETARY OF WAR RELATIVE TO THE 
REPORTS AND CHARGES IN THE PUBLIC PRESS OF CRUELTY 
AND OPPRESSION EXERCISED BY OUR SOLDIERS TOWARD 
NATIVES OF THE PHILIPPINES. 



February 19, 1902. — Ordered to be printed as a document. 



War Department, 

Washington. February 17 ^ 1902. 

DeaR Sir: In reph' to your letter of Saturday, the loth instant, 
received yesterday, asking information regarding the reports and 
charges in the public press of cruelty and oppression exercised b}" our 
soldiers toward natives of the Philippines, I send vou a number of 
documents which I think will furnish the information you wish. EA'er}" 
report or charge of this description which has at an}' time been 
brought to the notice of the War Department has been made the sub- 
ject of prompt investigation ; and among the inclosed papers you will find 
the records of thirteen such inquiries in which the results have been 
reported. You will perceive that in substantialh' every case the report 
has proved to be either unfounded or grossly exaggerated. The par- 
ticular report which was called to the attention of the Senate last week,' 
viz, that the "water cure'' is the favorite torture of the American, 
and especially of the Macabebe scouts, to force the natives to give 
information, and that a soldier who was with General Funston had 
stated that he had helped to administer the ''water cure" to 160 natives, 
all but 2t) of whom died, was already under investigation, which is 
still in progress. 

I inclose a copy of a letter received from General Funston, dated 
February 2. 1902. in which he declares the statement to be an ''atro- 
cious lie without the slightest foundation in fact:" and a letter from 
Lieutenant Batson, the commander of the Macabebe scouts, to the 
same effect. 

As to orders governing our soldiers in the Philippines, I send 3'ou 
a cop3' of the instructions for the government of armies of the United 
States, promulgated under President Lincoln by General Orders, No. 
100, of 1863. These rules have been republished from time to time in 
separate form and furnished to every commissioned officer of the 
Army, both regulars and vokinteers, and are to-daj^, as they have been 
at all times since 1863, the practical and effective guide and rule of 



A^Us 

i CHARGES OF CRUELTY, ETC , TO FILTPI:N0S. 

conduct to which e\'ery officer understands that he must conform. 
Among these rules 3^ou will find the following: 

Rule 16. Military necessity does not admit of cruelty — that is, the infliction of 
suffering for the sake of suffering or for revenge, nor of maiming or wounding except 
in tight, nor of torture to extort confessions. ^ * * 

Rule 44. All wanton violence committed against persons in the invaded comitry, 
all destruction of proi)erty not commanded by the authorized olhcer, all robbery, all 
pillage or sacking, even after taking a place by main force; all rape, wounding, maim- 
ing, or killing of such inhabitants are prohibited under the penalty of death, or such 
other severe punishment as may seem adequate for the gravity of the offense. * * - 

Rule 56. A prisoner of war is subject to no punishment for being a public enemy, 
nor is any revenge wreaked upon him by the intentional infliction of any suffering 
or disgrace by cruel imprisonment, want of food, by mutilation, death, or any other 
barbarity. 

Rule 75. Prisoners of war are subject to confinement or imprisonment such as may 
be deemed necessary on account of safety, but they are to be subjected to no other 
intentional suffering or indignity. * ^ ^ 

Rule 80. Honorable men, when captured, will abstain from giving to the enemy 
hiformation concerning their own army, and the modern law of war permits no longer 
use of any violence against prisoners in order to extort the desired information or to 
punish them for having given false information. 

I send you also copies of eighteen orders, issued at ditl'erent times 
and under different commands in the Philippines, for the observance 
and enforcement of these humane rules, calling particular attention to 
the order in the Department of Southern Luzon, dated June 5, 1900: 
in the Department of the Visayas, dated June 26, 1900, and in the 
Department of Northern Luzon, dated 3\i\\ 14, 1900. 

1 send 3^ou a memorandum of 1:4 officers, soldiers, and camp follow- 

^,ers who have been tried, a nd 39 of tbei a-aaavicted. for violation of 

^,.,— such orders as are above descrll^ecl. ■ 

The war on the part of the Filipinos has been conducted with the 
barbarous crueltv common among uncivilized races, and with general 
disregard of the rules of civilized warfare. They deliberately adopted 
the policy of killing all natives, however peacefal. who were friendly 
to our Government, and in literally thousands of instances these poor 
creatures, dependent upon our soldiers for protection, have been 
assassinated. 

The Filipino troops have frequently fired upon our men from under 
protection of flags of truce, tortured to death American prisoners who 
have fallen into their hands, buried alive both Americans and friendly 
natives, and horribly mutilated the bodies of the American dead. That 
the soldiers tighting against such an enemy, and with their own eyes 
witnessing such deeds, should occasionallv be regardless of their orders 
and retaliate by unjustifiable severities is not mcredible. buch things 
happen in every war, even between two civilized nations, and they 
alwa3^s will happen while war lasts. That such occurrences have been 
sanctioned or permitted is not true. A constant and effective pressure 
of prohibition, precept, and discipline has been maintained against 
them. That there has been any such practice is not true. The cases 
have been few and far between, scattered infrequently over a great 
area of country along the course of three j^ears of active conflict, 
throupli thousands of engagements, and among manv thousands of 
troops. That these occasional cases have characterized our Arm}^ or its 
conduct is not true, any more than the deeds of lawless violence which 
constanth' occur in every large city characterize the people of the 
city. The war in the Philippines has been conducted b}^ the American 
Army with scrupulous regard for the rules of civilized warfare, with 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 3 

careful and genuine consideration for the prisoner and the noncombat- 
ant, with self-restraint, and with humanity never surpassed, if ever 
equaled, in any coniiict, worth}' onh^ of praise, and reflecting credit 
upon the American people. 

I send you a number of extracts from reports and court-martial pro- 
ceedings, illustrating the character of insurrectionist warfare. 

Very trul3% yours, q 

Elihu Root, 

Secretary of War. 
Hon. Hexry Cabot Lodge, 

ChairiiKin Committee on the P]iilip2yines^ 

Urdted States Senate. 



Indosures. 



Exhibit A. — Copy of Brigadier-General Funston's' letter, dated February 2, 1902. 

Exhibit B. — Copy of Capt. Matthew A. Batson's letter of January 29, 1902. 

Exhibit C. — Records of 13 inquiries regarding reports of cruelty. 

Exhibit D. — Rules for government of armies in the field. 

Exhibit E. — Eighteen orders issued for observance and enforcement of rules men- 
tioned in Exhibit D. 

Exhibit F. — Schedule of trials and convictions. 

Exhibit G. — Extracts from reports and court-martial proceedings, illustrating the 
character of insurrectionist warfare. 



Exhibit A. 



Kansas City, Mo., February e, 1902. 

Sie: My attention having been called to an extract from an article published in 
the City and State, of Philadelphia, January 2, 1902, I wish to make the following 
comment: 

In this extract it is alleged that a soldier who claims to have been with me in the 
Philippines made the statement that he had helped to administer the "water cure" 
to 160 natives, all but 26 of whom died. This statement I wish to brand as an 
atrocious lie, without the slightest foundation in fact. During my service of three 
years in the Philippines I never had personal knowledge of the' so-called "water 
cure" being administered to a native, or any other form of torture being used to 
extract information from them. 

Statements of this kind made by returned soldiers are simply braggadocio, and a 
desire to attract attention to themselves. It is my belief that the " water cure" was 
very rarely, if ever, administered by American soldiers. It was a matter of common 
knowledge that occasionally the Macabebe Scouts, when not under the direct control 
of some o^cer, would resort to this means of obtaining information as to the where- 
abouts of concealed arms and ammunition. They did this, however, on their own 
responsibility and without orders from their superiors. It was utterly impossible to 
prevent a few offenses of this kind by the ^Nlacabebes, as they were nierely repaying 
the insurgents for worse treatment received by them in the past. 

The so-called "water cure," as it has been described to me by Macabebe soldiers, 
M-as by no means so severe an ordeal as would be indicated in the extract mentioned. 
The method was merely to throw a native on his back, hold his nose with one hand, 
and pour water down his throat from a canteen or other vessel. It occasioned noth- 
ing more than a few moments of strangling, and never resulted fatally. 

I never heard of its having been administered to a native by a white man. 
Very respectfully, 

Frederick FrNSTox, 
Brigadier-General, U. S. Army. 

The^ADJUTANT-GENERAL, Washington, D. C. 



4 CHARGES OF CRUELTY, ETC., TO FILIPIN^OS. 

Exhibit B. 

Washington, D. C, January 29, 1902. 

Sir: Referring to an article published in the City and State, Philadelphia, January 
2, 1902, alleging the use of the " water torture" as a means of extorting information 
from the natives in the Philippines by our troops, and especially Macabebe Scouts, I 
desire to make the following comments: 

The first company of ^Nlacabebe Scouts was organized by me in September, 1899. 
This force was subsequently increased until I had under my command five companies, 
numbering 640 men. I was in command of these scouts until the latter part of 
November, 1899, being relieved on account of a wound received at Aringay. These 
men were in May, 1900, reorganized and officially designated Squadron Philippine 
Cavalry, though they were generally known as "Macabebe Scouts." Upon the reor- 
ganization I was again placed in command of them, and remained in command until 
these men were finally discharged from the service, in July, 1901. 

At this time there were other bodies of scouts known as Macabebe Scouts, about 
the discipline and conduct of which I know nothing, as I never came in contact 
with them. 

During the time that I was in command of these native troojiJS the practice of tor- 
turing natives to obtain information was neither sanctioned nor practiced. On the 
contrary, it was prohibited under pain of severe punishment. I not only did not 
"knowingly allow it," but from the time I organized the first company of natives 
until my command was discharged, in July, 1901, my officers and men were strictly 
prohibited from mistreating prisoners or "piasanos" in any way. 

From time to time charges similar to that made by Mr. Kennan in the article 
referred to have been made against my scouts. These charges have invariably been 
thoroughly investigated, and have nearly always been found to be without founda- 
tion. Asa rule, these charges have not been made to me as commanding officer of the 
scouts, but have been sent direct to the division commander, and in a great many cases 
special inspectors have been sent out to investigate. These inspectors have always 
been given every assistance by myself and officers to get at the truth, and the natives 
encouraged in every way to make known any cruelty practiced against them. It has 
generally been found that the natives have been scared into making these charges, 
first, by insurgent officials, who sought that method of arousing the natives by telling 
them of the barbarous treatment that they would have at the hands of the Maca- 
bebes, and, second, by American officers, who tried to intimidate the natives by 
threats of Macabebe vengeance. I am glad to be able to say, however, that those 
charges have almost invariably gone before my command, and not followed it. In 
proof of this I would call attention to the petitions which have been in a number of 
cases — but notably at Abando and at ^Nlontalbon — submitted, m which the natives 
have appealed to the department commander not to remove my command from their 
towns, as we had always afforded them absolute i^rotection against "ladronism" and 
outrages of all sorts, and that my men, as they expressed it, treated them like broth- 
ers. I request that the Adjutant-General also compare the records of courts-martial 
of men in my command with those of the Army in general, both in the United 
States and in the Philippines. 

I have heard a great deal about the "water torture," or "water cure," as it is 
generally called, and I do not doubt that it -has been applied in a few cases. Out- 
rages will be committed in any army in the world. They have been committed 
against our own citizens in our own country by our own soldiers. But I know that 
such methods were not sanctioned, as alleged in the article referred to, by the mili- 
tary authorities in the Philippines, and that when proof could be obtained that such 
methods had been practiced the offenders were promptly brought to justice. 

Indeed, after nearly three years' service in the Philippines, I can conscientiously 
say that I believe the treatment which the natives received at the hands of the miU- 
tary has been extremely humane and tolerant. 

Very respectfully, Matthew A. Batson, 

Captain, Fifteenth U. S. Cavalry. 

The Adjutant-General U. S. Army, 

Washington, D. C. 



Exhibit C. 
Xo. 1. 



Mr. T. J. Henneberrv, of Elkhart, 111., in a letter to the President, dated April 5, 
1899 (223308 A. G. 0., 1899), incloses a newspaper clipping originally pubhshed in 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 5 

the Clark County Democrat, which prints an extract from a letter of Private Edward 
Gard, Battery L^ Third United States Artillery, which stated that it was the prac- 
tice of soldiers in the Philippine Islands to put to death insurgent wounded and 
prisoners. This letter was referred to General Otis for investigation on April 18 
1899. The report of the soldier's commanding officer is as follows: 

[Fourth indorsement.] 

Malolos, p. I., June 3, 1899 

Respectfully returned. 

Edward Gard is a private in this battery, and I inclose herewith his own state- 
mient concerning the letter to his mother published in the Clark County Democrat 
of March 29. It is not unusual among enlisted men — in fact, quite the contrary is 
true — for them to boast of what they have done. The most ridiculous stories are 
current about camp after every important engagement. Sometimes there is a basis 
of fact, but the stories gain in the repeated tellings until their own improbability 
proves their utter falsity, as in the case of the story herein referred to. Private Gard 
ohas admitted to me that never during our whole campaign in the Philippines has he 
seen a soldier strike a native with the butt of his gun, and I can say in addition that 
such a thing could not occur in Battery L without being reported to me. The bat- 
tery is divided into four sections, each under a sergeant that would not countenance 
such an act. Further, each squad is in charge of a corporal or an acting corporal, who 
is held to strict accountability for the performance of any act outside the line of 
duty. I have been with the battery in every engagement during this war and I 
have never seen any member of it or of the Third Artillery perform an act of inhu- 
manity, while numerous instances of kindness to the captured or wounded enemy 
have come to my notice. Private Gard, to account for his having written the letter 
to his mother, says he heard some soldiers of another regiment talking about the 
way they used the butts of their guns, and so when he wrote he told the story so as 
to include himself. The whole thing is simply the fiction of an ignorant soldier. 

P. M. Kessler, 
Second Lieutenant, Third Artillery, Commanding Battery L. 

The statement of Private Gard to the officer conducting the investigation was as 
follows: 

Battery L, Third Artillery, 

Malolos, P. I., Junes, 1899. 
The CoMMAXDiNG Officer, 

Battery L, Third Artillery. 

Sir: In reference to the letter written by me and published in the Clark County 
Democrat of March 29, 1899, I would state that my statement contained therein— 
that if we found one still living we put the finishing touch on him with the butt end 
of our guns, etc. — is an exaggeration. The letter was written to my mother without 
the slightest idea that it would be published, and hence it was colored to suit my 
own fancy. 

Edward Gard, 
Private, Battery L, Third Artillery. 

[Fifth indorsement.] 

Headquarters Batteries Third Artillery, 

Malolos, Luzon, P. I., June 4, 1899. 
Respectfully returned, inviting attention to fourth indorsement and inclosure. 
The treatment of wounded and un wounded prisoners has been in every respect 
kind and humane. I have had exceptional opportunities for knowing this. 

AV, A. Kobbe, 
Major, TJiird Artillei^y, Commanding. 



No. 2. 

A letter dated West Alexander, Pa., April 6, 1899, addressed to the President, from 
Mr. R. M. Carson, incloses a clipping which asserted that outrages were being com- 
mitted by United States troops against the insurgents, the newspaper clipping 
referring more especially to the conduct of the First Washington Volunteer Infantry. 



6 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

This paper was referred to General Otis on April 18, 1899, for investigation, and was 
returned by him with report as follows: 

Manila, P. I., May 29, 1899. 
Respectfully returned to the Adjutant-General of the Army. The inclosed news- 
paper clipping professes to report actions of the Washington Volunteers. While there 
is little truth in letters written by soldiers to their homes — especially by those who 
wish to impress their friends by their individual prowess— the conduct of the Wash- 
ington Volunteers has been the subject of special investigations for some time. They 
deny wanton burning or cruelties, and still there are strong indications that they 
practiced those infractions to some extent. However, the number of prisoners cap- 
tured on February 5 and during later engagements and the care they have received 
from the United States authorities show that the Army is practicing humane senti- 
ments. We still hold a large number of prisoners and are releasing them gradually 
as their friends and acquaintances vouch for their future good conduct. Those now 
captured are turned loose unless they be officers of rank and importance. 

E. S. Otis, 
Maj. Gen., U. S. V., Commanding. 



No. 3. 



A newspaper clipping received at Headquarters Department of the Pacific and 
Eighth Army Corps, purporting to publish a letter from Capt. Albert Otis, First 
Washington U. S. Volunteer Infantry, in which that officer admits the improper 
disposition of private property and the destruction of other private property, was 
referred to the commanding general First Division, Eighth Army Corps, for inves- 
tigation and report, as to whether the letter purporting to be from Captain Otis was 
in fact such, or whether the statements contained in the extracts could be verified, 
and if so Captain Otis was to be brought to speedy trial before a court-martial. The 
matter was investigated by the inspector-general of the First Division, Eighth Army 
Corps, whose report thereon is as follows: 

Office of the Inspector-General, 

First Division, Eighth Corps, 

Manila, P. I., June 9, 1899. 

Adjutant-General First Division. 

Sir: I return herewith statement of Capt. A. H. Otis, First Washington Volunteer 
Infantry, relative to the clipping inclosed, supported by the affidavit of the first ser- 
geant of his company. He had no lieutenants on duty with his company at the 
period in question. 

As seen, he denies all knowledge of such letter and that any conditions as stated 
ever existed. He was in Santa Ana but one night, and that night was passed in the 
street and without quarters. 

I was myself twice in his quarters in Paco before his company was moved to Pasig, 
and certainly saw no indications of grand or any other pianos, nor any evidence of 
loot of any kind. The quarters were very plainly furnished, and what furniture 
there was was left (so Captain Otis tells me) by Lieutenant-Colonel Dubose, of the 
First California Infantry, and a rental of $8 Mexican per month was paid to its owner 
for the use of it. The only piano that Captain Otis has had any connection with 
during his service in Paco is one which was found in the street and which has been 
unclaimed by its owner. It had been looted by Chinos, who had been unable to get 
away with it and had dropped it in the street. 

Captain Otis had it placed under shelter and has made report of the matter to the 
quartermaster's department three different times (twice verbally and once by letter), 
with request that it be taken off his hands, but was told to let it remain where it was 
for the present. This statement is confirmed by Capt. C. C. Wolcott, chief quar- 
termaster First Division. When the property of his company was moved to a new 
storehouse the piano was moved also, and is now there subject to order. The request 
that the quartermaster's department take charge of it, made by letter, was dated 
May 27. 

I am convinced that this published letter was written by someone with intent to 
do harm to Captain Otis' s reputation, and that his name, if signed to it, has been 
forged. AVho may have done this can only be found out, if at all, through the news- 
paper which published the article. Certain conditions of affairs exist in the First 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 7 

AVashingtons which have been the subject of an investigation by Lieutenant-Colonel 
Miley, inspector-general, and in all probability the author of this letter will be found 
among those individuals who have caused trouble in other directions. 
Very respectfully, your obedient servant, 

C. G. Stark, 
Major, Inspector-General, U. S. Volunteers. 

Captain Otis made the following statement: 

Pasig, p. I., June 2, 1899. 
Major Staer, 

Inspector- General First Division, Eighth Army Corps, Manila, P. I. 

Sir: In response to a conversation with you this date, I have the honor to submit 
the following statement: 

First. After the capture of Santa Ana, on February 5, 1899, I was ordered to escort 
prisoners of war from Santa Ana to Manila. I left Santa Ana at 12.30 p. m., having 
been in Santa Ana about an hour. During that hour I was in conversation with 
General King and Major Weisenberger and also collected the prisoners, formed my 
company, and received my instructions relative to the prisoners. I did not return to 
Santa Ana until 12 o'clock p. m. Monday night, the 6th. Bivouacked in the street 
that night in front of quarters of Colonel Wholley. The next day (7th) I was 
engaged principally in moving m*y company from one place to another in a vain 
quest for quarters, resulting finally in being ordered back to Paco temporarily. Dur- 
ing that entire time the only pianos I recollect of seeing were in the quarters of Colo- 
nel Wholley. At no time did I have any pianos in my possession, nor did I give or 
receive any orders regarding any piano or pianos. On February 5, while talking 
with an officer in Santa Ana, two pianos were taken from a house near the church 
and across the street from Colonel Wholley's headquarters, and brought out into the 
street. I had nothing whatever to do with them and do not know by whose orders 
they were moved nor what disposition was made of them. This was while the 
houses on that side of the street were being burned and prior to my departure with 
the prisoners. 

Second. In regard to "six horses and three carriages." After my return to Paco 
the men gathered up all stray horses and carriages abandoned by the natives. These, 
in most cases, were returned to the owners on their appearing and claiming them. 
This could be done, as the men knew most of the parties personally, having been 
stationed there since January 5. I had left unclaimed three horses, one quilez, one 
caramata, and one market cart. These, pursuant to published orders, I turned in to 
the department quartermaster, taking receipt therefor. I was then issued two horses, 
one market cart, and one harness. These and a bull cart issued by regimental quar- 
termaster constitute the transportation now on hand. 

Third. In regard to "enough small plunder for a family of six." I can only say 
that I have none now nor have I had any at any time. There was at various times 
in my quarters in Paco small articles, such as a harp, left behind by Lieutenant- 
Colonel Dubose, of the First California; a bag taken by him from Chinamen, contain- 
ing some dishes. The harp was claimed and identified by and delivered to a native 
woman. The bag (a gunny sack) of dishes were badly broken and wholly worthless. 
The lot Avas thrown on the rubbish pile as of no value whatever. 

In obedience to orders given me, I searched the houses in East Paco for arms and 
ammunition. All due precautions were taken to prevent looting. I do not make a 
practice of writing such statements as the one credited to me, and respectfully sub- 
mit to you the improbability of my making false and injurious statements regarding 
myself. 

I have no information as to the origin of this statement. 

Very respectfully, A. H. Otis, 

Captain, First Washington Infantry, U. S. Volunteers. 

I further desire to state that I did not write this letter nor have I ever at any time 
made any such statements; and, further, that they are groundless. 
Respectfully, 

A. H. Otis, 
Captain, First Washington C. S. Volunteers. 

First Sergt. Milo C. Corey, Company A, First Washington Infantry, U. S. Volun- 
teers, made the following sworn statement: 

Pask;, p. I., June e, 1899. 

Milo C. Corey, being duly sworn, deposes and says: 

On the 4th day of February, 1899, he was and has at all times since been the first 
sergeant of Company A, First Washington Infantry, U. S. Volunteers, and that he 
has been on duty with his company continuously since that date. 



8 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

He was with the company at Santa Ana while it was commanded by Capt. A. H. 
Otis, and that he was with and near him during tlie entire time the company was in 
Santa Ana. At no time did he see, hear, or know of any orders being given by Cap- 
tain Otis regarding any pianos or other property. During the stay of tlie company 
in East Paco tlie enlisted men of the company gathered up a number of horses and 
several quilezes and caromatas which had been abandoned by the natives. These were 
delivered to their owners whenever claimed and satisfactory proof established as to 
ownership. This was possible from the fact that many of the parties were person- 
ally known to members of the company. 

He detailed the men who took 3 horses, 1 quilez, 1 caromata, and 1 market cart to 
the depot quartermaster; 2 horses, 1 market cart, and 1 harness were then issued to 
and are now in possession of the company; he had constant access to the quarters of 
Captain Otis during the entire time the company was at East Paco; he had every 
opportunity to hear and observe, and that he neither saw nor heard of Captain Otis 
having ' ' plunder ' ' in his possession at any time ; strict orders were issued by Captain 
Otis against looting and every effort made to suppress it and preserve order. 

And further deponent saith not. 

MiLO C. Corey, 
First Sergeant Company A, First Washington Infantry, U. S. Volunteers. 

Subscribed and sworn to before me this 2d day of June, 1899. 

C. T. Smith, 
Captain, First Washington Infantry, U. S. Volunteers, 

Summary Court Officer. 



Under date of Jmie 1, 1899, the commanding general. Department of the Pacific 
and Eighth Army Corps, called the attention of the commanding general of the 
Second Division of the Eighth Army Corps, to the statement of Corpl. Guy Williams, 
Company E, Fifty-first Iowa, U. S. Volunteers, as to the looting of the village of San 
Roque. The matter was investigated by the inspector-general, Second Division, 
Eighth xlrmy Corps, whose report is as follows: 

Headquarters Second Division, Eighth Army Corps, 

Office of the Inspector-General, 

San Fernando, P. I, June 6, 1899. 

The Adjutant-General, Second Division, Eighth Army Corps, 

San Fernando, P. 1. 

Sir: I have the honor to submit the following report of an investigation made by 
me, in compliance with the orders of the division commander, of a certain statement 
alleged to have been made by one Guy Williams, of the Fifty-first Iowa Infantry, 
U. S. Volunteers, in reference to the looting of a village (name not given), after its 
abandonment by the native inhabitants, by the Fifty-first Iowa Regiment (date not 
given), which statement was published in a newspaper (designation, place of publi- 
cation, and date of issue of the newspaper not given). 

I interviewed one Corpl. Guy "Williams, Company E, Fifty-first Iowa Infantry, 
U. S- Volunteers, who stated, in reply to my questions, that he did write a private 
letter to his brother, Mr. Flor Williams, of Burlington, Iowa, in which he made 
statements to the effect quoted in the telegram which formed the basis of my inves- 
tigation; that he did not write the letter for publication, but that it appears that his 
brother showed it to a newspaper man, who published it in a Burlington paper, he 
thinks in the Burlington Hawkeye; that what he said in his letter may have been 
exaggerated by the newspaper, but that it was of the same tenor, except that he does 
not think he mentioned a piano; that he referred to the village of San Roque, near 
Cavite, which was deserted by the insurgents and occupied by the Iowa regiment in 
the early part of February, 1899; stated that the statement is substantially true, but 
that the men did not find or take anything of great value; stated that this was the 
first time his regiment took the field against insurgents; that they were ordered out 
suddenly, and that he does not think any instructions were given not to loot. The 
foregoing statements were read to him and pronounced correctly taken down. 

Capt. Charles W. Mount, commanding Company E (Corporal Williams's company), 
Fifty-first Iowa Infantry, U. S. Volunteers, stated that the village of San Roque was 
looted by the Iowa regiment and the other troops stationed at Cavite; that the men 
helped themselves to what they found, and destroyed articles of property they could 
not use; that the colonel and other field ofiicers did not exert themselves to stop it, 
and that, while he disapproved of what was done, he did not feel called upon under 
the circumstances to do anything about it; stated that Major Rice, of the California 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 9 

Heavy Artiller}-, commanded the outpost at San Roque, of which two battaUons of 
the Fifty-first Iowa formed a part; also, that the insurgents burned a large part of the 
town before abandoning it. The foregoing statements were read to Captain Mount, 
and pronounced by him to be correctly recorded. 

I next interviewed Lieut. Col. M. Miller, commanding the Fifty-first Iowa Infantry 
U. S. Volunteers, Colonel Loper, who commanded the regiment at the date of the 
alleged occurrences being absent sick. Col. M. Miller submitted a statement in 
writing, which is herewith inclosed, marked ''A." 

This comi^letes the investigation as far as it is practicable for me to make it under 
existing conditions. 

Very respectfully, John S. Mallory, 

Major and Inspector- General, U. S. Volunteers. 

The statement of the colonel and lieutenant-colonel of that regiment to the inspector- 
general are given herewith. 

Headquartees Fifty-first Iowa Ixfaxtry, U. S. Volunteers, 

Second Brigade, Second Division, Eighth Army' Corps. 

San Fernando, P. J., June 9, 1899. 
Assistant Adjutant-General, 

Second Division, Eighth Army Corps. 

Sir: The village of San Roque was abandoned and burned by the insurgents Feb- 
ruary 9, 1899, and immediately occupied by troops of my command. I directed the 
provost-marshal, Capt. Dennis Geary, to take charge of the district, extinguish the 
fires, collect and store all articles of value he found in a building in San Roque, the 
amount of which was limited, as the insurgents were busy the night previous to 
abandonment removing property. 

A part of the property so collected was afterwards removed to Cavite for use of 
officers and men in the quarters, which were found absolutely bare of furniture when 
my regiment took station there. All of the furniture so removed was stored in 
Cavite or turned over to the command that relieved mine, except that used at the 
palace, for which we hold receipt of the naval officer in charge of the navy-yard. 
The building in San Roque in which the property was stored was burned in March; 
fire incendiary origin. 

Every precaution was taken to prevent looting of houses in San Roque, a strong 

guard being maintained under a most efficient officer. It is possible that enlisted 

men and some officers may not have known that the property was collected and 

removed under authority, and concluded the men they saw so employed were looting. 

Very respectfully, 

Jno. C. Loper, 
Colonel Fifty-first lova Volunteer Infantri/. 

(A.) 

San Fernando, P. I., June 4, 1S99. 
Maj. John Mallory, San Fernando, P. I. 

Sir: In reference to dispatch received from assistant adjutant-general regarding 
the looting of San Roque by the Fifty-first Iowa, I was not in command at that time 
and know but very little a])out it. Captain Geary, First California Heavy Artillery, 
U. S. Volunteers, was: the provost-marshal, and gathered all of the furniture that 
was of any value and stored it in a l:)uilding that was set apart for that purpose. 
The officers had to get permission from Colonel Loper, who was in command at that 
time, to use a portion of the furniture for their quarters, for when the district of 
Cavite Avas turned over to our regiment very little furniture was left. All of the 
articles secured by us are being used by the Tenth Pennsylvania Infantry, U. S. 
Volunteers. We brought nothing away with us. As to the men, I do not think 
that they took anything of consequence, as the natives had been there previously 
and taken everything that was of any value. 
Very respectfully, 

I\r. ^Iili.er, 
Lieutenant-Colonel Fiftij-fir.st Iowa Infantry, U. S. Volunteers. 

All the papers in the case were forwarded to this office by the commanding gen- 
eral. Department of the Pacific and Eighth Armv Cori)s, bv indorsement dated June 
25, 1899, in which he states: 

"This is one of many reports of investigation made upon statements found in 



10 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

United States newspapers and purporting to be extracts from soldiers' letters sent 
from here to their homes. 

"San Roque adjoins Cavite, and in February Admiral Dewey directed the insur- 
gents to evacuate the place on pain of a naval attack. They did evacuate, together 
with all the inhabitants, and then set tire to the town. Troops (Fifty-first Iowa) 
were innnediately sent in to extinguish the fire, which they successfully fought for 
twenty-four hours. 

' ' Soldiers may have picked up some articles of abandoned property, but I do not 
think to anv great extent." 

E. S. Otis, 
Major-General, U. S. Volunteers, Commanding. 



No. 5. 

The Hon. Edgar Weeks, M. C, in a letter to the Secretary of War dated September 
8, 1899, calls attention to a publication in the Spokesman's Review, Spokane, Wash., 
referring to a private letter written by Private Edward D. Furman, Company A, 
First Washington Volunteer Infantry, in which the soldier makes allegations con- 
cerning the conduct of his regiment in the burning and looting of houses of natives. 
The letter of Mr. Weeks was referred to the commanding general, Department of 
California, San Francisco, Cal., for investigation upon the arrival of the First Wash- 
ington Volunteer Infantry in San Francisco. The investigation was made by the 
judge-advocate-general, Department of California, whose report is as follows: 

Headquarters Department of California, 

San Francisco, Cal. , October 24, 1899. 

Private Furman' s written statement was not called for until after it appeared from 
his oral statements that he would welcome the opportunity to make it. He was 
given twenty-four hours to think the matter over, with leave to abide by oral state- 
ments he had already made and withhold the written one as to him might seem 
best. By his own statement he is 29 years of age. He is intelligent, and was from 
the first made to understand that his silence was preferred to any word of his, uttered 
or written, under a sense of obligation amounting to duress. From his oral state- 
ments, written down when made, I quote: 

"As to jewelry, some of the men did find some in houses hastily abandoned by the 
occupants, and in others from which our men were fired upon. Our men sometimes 
got trace of buried treasure money and dug it up. The most I ever saw was shown 
by one of our men, some gold in a handkerchief; as much as one could hold in the 
hand. 

"Have heard of other and larger sums being found. 

' ' I saw no highway robbery, no wanton cruelty nor illtreatment of wounded Fili- 
pinos; on the contrary, I saw them as kindly cared for as our own. Our men were 
not cruel; they were kindly. 

"I think I wrote the letter after the first battle, February 4 and 5, 1899. The 
burning was at Paco, a few miles from Manila. The whole place was burned, except 
a few buildings the troops occupied. Two companies (A and I) were there before 
the fight. During the fight the enemy fired on us from the buildings, and they, in 
that manner, killed some of our men. We burned the outlying portion of the town 
to drive out the sharpshooters. Most of the houses were Nipa huts, built of bamboo 
frames with thatched roof; but some were more substantial, with stone foundations 
and second story of wood, with roof of tile or galvanized iron. All the houses were 
not burned on the day of the battle, many being burned subsequently and at differ- 
ent dates. I wrote the letter to a personal friend who was in Spokane, in the post- 
office there. He was there when I volunteered. We had once been partners in the 
publication of the Cheney Free Press. I did not desire its publication and did not 
think it would be pubHshed. I did not, in fact, think much about it one way or the 
other. I was surprised when I saw it in the papers, and regretted it. I had not for 
a moment anticipated the construction put upon it. The fact is, the burning was a 
military necessity to save the lives of our men. When the buildings were on fire it 
was both natural and right to save as much of the contents as would be useful to us 
or add to our comfort. When the Filipinos remained in their houses they were not 
disturbed, but were protected." 

Chinamen were persistent and industrious in looting property from abandoned 
houses, and the men knew that to leave anything that they could apply to their own 
comfort was to let the Chinamen carry it off. But this, as far as practicable, was 
stopped later on. 

Capt. Albert Otis commands the company to which Furman belongs. He and 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 11 

other officers confirmed the facts of his pubUshed letter regarding the burning of 
houses and the taking and using of furniture. That individual men behaved badly 
they do not doubt, but their evil work was done secretly and in defiance of orders 
and the general sentiment of the troops. The men did search for money. They 
also secured many things in the way of mementoes. There was little Filipino cloth- 
ing found, rescued from burning houses, or otherwise obtained that was of much 
value or could be used by the men. 

So far as Furman's letter implies general license to steal, rob, and loot generally, 
they hold it to be false. The scenes he refers to attended the conditions of actual 
battle and the destruction by burning of dwellings, etc., under orders made impera- 
tively necessary to save the lives of our men, to drive off the enemy, and prevent his 
returning under cover to renewed attacks, especially by sharpshooters. Some of the 
officers insisted that they lost men through too tender a regard for property that 
should have been given to the flames with greater promptness and thoroughness than 
was actually done. 

The foregoing facts, carefully sifted from notes taken at many interviews with mem- 
bers of the First Washington Infantry Volunteers, give to Furman's letter, it is 
believed, its truthful setting. Taken by itself it implies unprovoked outrages upon 
defenseless people; but when related to the scenes of destruction and disorder that 
usually attend upon actual battle, it is shorn of most of its malicious suggestion. 
That the writer intended to make the impression the publication of his letter created 
is doubtful. Unfortunately for him, however, his reputation as a soldier does not 
stand high with his comrades. No attempt was made by me to fathom his motive 
nor question his character. Men and officers are inclined to the belief that his let- 
ter, like those written by many other soldiers and some officers following upon the 
opening of hostilities, was a thoughtless act. The appearance of letters printed in 
full or in part in the papers from home, wherein a spirit of boastfulness or effort at 
vivid description with little regard to the truth was evident on the part of the 
writers, subjected them to such " merciless guying" at the hands of their comrades 
that a noticeable modification for the better speedily followed. 

As an illustration of the disposition " to draw the long bow," Maj. Lewis R. Daw- 
son, First Washington Infantry Volunteers, instanced his surprise at finding in a 
Tacoma paper an account of a deadly assault made upon him by a Filipino soldier 
whose wounds he at the time was dressing. The story was a pure fiction. He called 
the soldier before him and, asking him why he had written it, received as a reply that 
he did not know. The soldier also confessed that he had not even heard of such an 
act. Speaking of Furman, Dr. Dawson volunteered the statement that this man had 
been ever persistent in asking to be placed on "sick report," and on one occasion 
he had to return him to duty against pretexts of illness too specious to make any 
mistake in his, the surgeon's, diagnosis of practically normal health doubtful. He 
gave it also as a psychological fact that men of doubtful courage and lacking in 
rugged manliness are prone to shout loudest over wonderful deeds done or witnessed 
by them. This is but the confirmation anew of a truth as old as the race. 

Respectfully submitted. 

S. W. Groesbeck, 
Judge- Advocate^ U. S. A. 

The w^ritten statement of the soldier himself, made to the officer investigating the 
case, is as follows: • 

Presidio of San Francisco, Cal., October 18, 1899. 

The article in question is as a w^hole correct, but the word "looted" should have 
been omitted. The articles quoted were taken from houses that were abandoned by 
insurgents at the time hostilities began and at a time when everything was in an 
unsettled condition. The Chinese were carrying away everything in sight, and what 
remained was consumed by fire. All furniture, etc. , was left in our quarters when 
we moved, and the horses, carriages, etc., were turned in to the quartermaster, who 
in turn restored them to their owners wdien called for. 

I never knew of a case of any occupied house being entered or inmates molested. 
On the contrary, they were given every protection. There was no case of wanton 
burning. The buildings were only fired to dislodge armed insurgents who fired upon 
and killed and wounded our men. 

The letter I wrote to a personal friend, and it was of a strictly private nature and 
was not intended for publication. It was written a few days after hostilities began, 
when everything was in a turmoil and before any orders had been issued regarding 
entering abandoned houses. Later order was restored, and orders were issued from 
department headquarters forbidding the men to enter or take articles from deserted 
houses. 

Edward D. Furman, 
Private, Company A, First Washington Infantry, U. S. Volunteers. 



12 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 

In forwarding the papers to this ofl&ce the commanding general, Department of 
CaUfornia, states in his indorsement that: 

Headquarters Department California, 

San Francisco, October 26, 1899. 
Respectfully returned. 

The reputation of this man, as shown by Major Groesbeck, is such that his boastful 
and untrue statement of actual conditions is not to be wondered at. 

It is very well known and understood that under the circumstances men become 
very careless, and it seems to be admitted that much property was taken for temporary 
use of troops to increase their comfort. 

Wm. H. Sh after, 
Major- General, Commanding. 



No. 6. 



W. J. Kennard, writing from Yentura, Cal., to the Secretary of War, under date 
of June 7, 1900, incloses a copy of a letter from Private E. E. Baker, Company I, 
Forty-sixth Infantry, U. S. Volunteers, which was published in the Western Inde- 
pendent under date of June 7, 1900, in which the soldier states that the indiscrimi- 
nate killing of the natives is practiced, and their houses wantonly burned. The 
papers were referred to Major-General MacArthur by letter dated June 16, 1900, 
for investigation, which was conducted by Lieut. Col. E. M. Hayes, Fourth U. S. 
Cavalry, whose report thereon is as follows: . 

Pasay Cavalry Barracks, P. I., 

August 9, 1900. 

The Adjutant-General, Department of Southern Luzon, 

Manila, P. I. 

Sir: In compliance with instructions contained in letter from your office dated 
August 4, 1900, I have the honor to report that I have made a full and thorough 
investigation of the statements made by Private E. E. Baker, Company I, Forty-sixth 
Infantry, and published in the Ventura Independent, a newspaper of Ventura, Cal. 

Said statements have only a slight foundation, and in this connection I respectfully 
call attention to the letter of First Lieut. J. B. Webb, Forty-sixth Infantry, com- 
manding the scouting and surveying party on the occasion mentioned in Private 
Baker's letter, giving a detailed statement of the affair. In my opinion he adopted 
the only course open to him for a successful resistance when he fired the bamboo 
thicket and the shacks (not houses) from which the shots were fired at his party, 
and the fact that he made prisoners of the occupants of the shacks is proof of the 
mercy shown the natives by our troops. He would have been justified in using 
drastic measures in retaliation for the cowardly and unprovoked attack on his men. 

I also inclose letter of Private E. E. Baker, voluntarily written and submitted, in 
which he makes retraction of these many highly colored statements in his former 
letter published in the Ventura Independent, and claims that said letter was only 
intended for "jollying" his parents and was not intended for publication. 

In addition I will state that no detachment, however small, has been or is allowed 
to leave Silang without definite and pointed instructions; and authority to maltreat 
the natives or to commit the slightest injury has never been granted to any party or 
individual. There has never been any wholesale burning of houses; on the contrary'' 
instructions have alwaj^s been given to preserve houses and shacks of natives, unless 
absolutely necessary to destroy them to reach the enemy. All officers and men have 
been and are held to a strict accountability for their actions toward the natives, who 
are encouraged to present their complaints to the commanding officer. I believe the 
commanding officer. Col. W. S. Schuyler, 'Forty-sixth Infantry, maintains excellent 
discipline, and through his wise management the natives can have no foundation for 
complaint. 

It is ascertained that the letter published in the Ventura Independent was strictly 
private correspondence and not intended for publication. It seems that the charac- 
ter of this man is excellent and that he is a good soldier. The statements contained 
in his letter of explanation are believed to ])e true, and I am convinced that this 
investigation will prove sufficient punishment for the offense and v.arning against 
anything of the kind in the future. 

Very respectfully, E. M. Hayes, 

Lieutenant- Colonel, Fourth Cavalry. 



CHARGES OF CRUELTY, ETC., TO FILEPINOS. 13 

In connection with the investigation First Lieut. J. B. Webb, Forty-sixth Volun- 
teer Infantry, the soldier's company commander, reported as follows: 

SiLANG, P. I., August 6, 1900. 
Lieut. Col. Edward M. Hayes, 

Fourth U. $. Cavalry. 

Sir: In compliance with your verbal request I have the honor to state that Private 
E. E. Baker, Company I, Forty-sixth Infantry, L^. S. Volunteers, probably refers to 
an engagement between about 60 natives and a surveying party of 20 soldiers under 
my command, which occurred about 6 miles south of here on the afternoon of March 
19, 1900, in which six houses or huts were burned and a trench and sharj^shooters^ 
nest destroyed. 

Shots were first fired at us from a house 200 yards to our right and out of wliich 4 
natives were captured. We were then fired upon from some houses or huts con- 
cealed in a bamboo and banana thicket, which it was necessary to set on fire in order 
not to unnecessarily expose my men to the fire of an unseen enemy. Four men sur- 
rendered from this place, which we found afterwards had a trench and sharpshooters' 
nest above referred to. Xo -other house or houses were burned that I know of. 
During this time we were under fire from two houses near by, 1,000 yards farther away, 
and which we could not reach owing to an impassable ravine. We drove the enemy 
from these last two houses by firing volleys into them and driving out between 50 
and 60 natives at whom we continued to fire until they were hidden from view in 
the brush or ra^•ines. 

Xo dead bodies were found, but I presume some natives were hurt, as the firing 
continued for some time, and the next morning I discovered a party of natives carry- 
ing a wounded Filipino in an insurgent uniform on a stretcher. 

I have never ordered, nor have my men killed an unarmed native, nor has the 
wanton destruction of property been permitted. On the contrary, every considera- 
tion has been given the inhabitants of the hostile country, in which my work has 
been performed, not inconsistent with the safety of my men. 
Very respectfully, 

J. B. Webb, 
First Lieutenant, Forty-siiih Lifantry, U. S. Volunteers. 

The statement of the soldier is as follows: 

SiLANG, P. I., August 7, 1900. 
Lieutenant-Colonel Hayes, 

Fourth Cavalry. 

Sir: I desire to say with regard to a letter that I wrote home and which was pub- 
lished in the papers, that I did not suppose that anyone would publish it and that I 
made certain statements in it that were not correct, more to amuse my parents and 
show them that I was not in any great danger than anything else. 

The statement that we shot people like rabbits was not so, of course, and I thought 
they would understand it was intended as a joke. When we were attacked we fired 
back like soldiers at anyone who had a gun, and afterwards burned the shacks which 
they fired at us from, but no others. 

AVe have always had orders to treat natives kindly and observe their rights, and 
have never been ordered to burn houses unless they were known to be hiding places 
of the lad rones. 

I have been asked to make this explanation of my letter, which, as I said before 
was only intended for my father and mother to see, and I do so freely and willingly 
to correct any wrong impression which my half-joking letter may have caused. 
Respectfully, 

Edward E. Baker, 
Company I, Forty-si.vth Infantry, U. S. Volunteers. 



7. 

Mr. W. W. Brown. Auditor for the Xavv Department, Treasurv Department, in 
letter dated June 12, 1900, addressed to the Secretary of War (328840 A. G. O., 1900), 
inclosed a clipping from the Bradford, Pa., Evening Star, publishing a letter from 
Private Burt A. Stanley, Company B, Forty-seventh Infantry, U. S. Volunteers, 
which recites instances of robbery committed })y the Forty-seventh L^. S. Volun- 
teers against the Filipinos. The statements of this soldier were referred to Major- 



14 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

General Mac Arthur by letter dated June 16, 1900, for investigation, which was con- 
ducted by Lieut. Col. E. M. Hayes, of the Fourth U. S. Cavalry. Lieutenant-Colonel 
Hayes's report is as follows: 

Pas AY Cavalry Barracks, P. I., September 1.5, 1900. 
Adjutant-General, Department Southern Luzon, 

Manila, P. I. 
Sir: In compliance with instructions contained in letter from your office dated 
August 4, 1900, I proceeded to Bulan, P. I., for the purpose of investigating the state- 
ments made by Private Burt A. Stanley, Company B, Forty-seventh Infantry, V. S. 
Volunteers, and published in the Bradford Evening Star of Bradford, Pa. 

Private Stanley disclaimed having written the article as published in the Bradford 
Evening Star, but admitted that portions of the same were taken from letters written 
to his mother and that he never authorized the publication or his signature to the 
article, and was surprised and indignant at the liberties taken with his private 
correspondence. 

He bears a good character in his company, but is npt, in my opinion, sufficiently 
educated to be the author of the article contained in the clipping. 

The conditions mentioned in the statement are without foundation, and to a great 
extent, purely imaginary. 

The affidavit of Private Stanley, in which he admits the falsity of the statements 
and the certificates of his company officers to the same effect, are herewith attached. 
I respectfully recommend that these papers be referred to the editor of the Brad- 
ford Evening Star for his guidance in the publication of such articles in the future. 
Yerv respectfully, 

E. M. Hayes, 
Lieutenant- Colonel Fourth Cavahy. 

The officers of Company B, Forty-seventh Infantry, U. S. Volunteers, unite in the 
following statement: 

Bulan, P. I., September 10, 1900. 

AVe, the undersigned, officers of Company B, Forty-seventh Infantry, L". S. Volun- 
teers, certify that the following statements contained in clipping from the Evening 
Star, Bradford, Pa., June 8, 1900, entitled "Letter from the front," and written by 
Private Burt A. Stanley, Company B, Forty-seventh Infantry, U. S. Volunteers, are 
not true and without any foundation whatever. 

statements. 

I. "It would mean something to us, as there are millions of dollars in this town, 
and if there were an outbreak here the people would have to get out, for they would 
be killed if they didn't, and that would give us clear sailing in this town." 

jj * * * " I could go back to the United States a rich man, for there is money 
enough in this town to make every man in our company well to do." * -^^ * 

III. "After the soldiers searched the town they found no less than $500,000 Mexi- 
can money." * * * 

' ' The natives returned to their town, but upon finding their money all gone they 
would have fought. Oh, we always manage to get the money, and we are allowed 
to do so when they take up arms against us. We are allowed to ransack an}' town 
that is insurgent." * * * 

"Oftener the boys find a belt on a dead nigger containing quite a large 
stake." * * * 

Charles C. McLain, 
Captain, Forty-seventh Infantry, U. S Volunteers, 

Commanding Company B. 

Charles H. Morrow, 
First Lieutenant, Forty-seventh Infantry, U. S. Volunteers. 

B. P. Disque, 
Second Lieutenant, Forty-seventh Infantry, U. S. Volunteers. 

The sworn statement of Private Stanley is as follows: 

Personally appeared before me the undersigned authority, Burt A. Stanley, private. 
Company B, Forty-seventh Infantry, L^. S. Volunteers, who, after being duly sworn 
according to law, deposes and says: That he makes this affidavit of his own free will 
and accord, and that his object is to deny and disavow the truth of an article pub- 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 15 

lished in the Bradford, Pa., Evening Star of June 8, 1900. That the article above 
mentioned in the paper and of the date above mentioned was taken from several 
letters that he had written to his mother. That he never intended these letters for 
publication, and that his letters as appearing in said paper has to some extent been 
changed and rearranged by the editor or correspondent of said paper. 

The deponent further says that his words in paragraph I, as follows: "It would 
mean something for us, as Ihere are millions of dollars in this town, and if there were 
an outbreak here the people would have to get out; they would be killed if they 
didn't, and that would give us clear sailing in this town," are without founda- 
tion and untrue. That further words in paragraph III, as follows: "The natives 
returned to the town, but finding the money all gone would have fought," are also 
untrue and without foundation. That the sum of 8)500,000 was not taken, or any 
other sum of money. That his words, "Oh, we always get the money; we are 
allowed to do so when they take up arms against us. We are allowed to ransack 
every town that is insurgent," are also untrue and without foundation, as he has 
never taken himself, seen others take, or heard permission given to others to take 
money or loot any insurgent town. Further deponent saith not. 

Burt A. Stanley, 
Private, Company B, Forty-seventJi Infantry. 

Subscribed and sworn to before me this 10th day of September, A. D. 1900. 

Charles H. Morrow, 
First Lieutenant, Forty-seventh Infantry, U. S. Volunteers, Summary Court. 



8. 

George A. Lickiss, in a letter dated Arlington, Iowa, July 30, 1900, addressed to 
the President, incloses a newspaper clipping publishing an Associated Press dispatch 
from Manila, which relates that Company I, Fortieth U. S. Volunteer Infantry, 
killed 89 natives at Oroquieta, island of Mindanao, and sul)sequently the gunboat 
Callao shelled the city, burning the warehouses, all of which was done in the retali- 
ation of the killing of two soldiers. This communication was referred on August 7, 
1900, to the commanding general, division of the Philippines, for investigation and 
report, and was returned with the report of the company commander, which is as 
follows : 

Oroquieta, P. I., October' IS, 1900. 
Geo. A. Lickiss, Arlington, lotva. 

Sir: In answer to your communication addressed to the President and by him 
him referred through channels to this post to be answered, I have the honor to write 
as follows: 

The post of Oroquieta, "Mindanao, was garrisoned by Company I, Fortieth Infantry, 
L^. S. Volmiteers, upon July 9, 1900, the troops going into quarters in the former con- 
vent next the church. The company was sent to the post to open the port as 
requested in an act formed by the town council, assembled and all members present. 

The day following the arrival the people commenced to leave the town, and we 
received word indirectly that the insurrectos were going to attack. Xo word was 
given by any native of authority, though many knew it before the attack took place. 
Being the first American troops to land here, the formations for roll calls and all 
other purposes were watched by large numbers of people daily and at reveille roll 
call, upon the 12th of July conditions were the same, and though the women had 
nearly all left town there were a large number of men watching the roll call. Lieu- 
tenant Masteller was at the time commanding the post. The soldiers were allowed 
to leave quarters in groups of not less than two, and then they were required to be 
armed. Following the reveille roll call two sergeants proceeded down the street 
two blocks and just out of sight of barracks to a native store (bakery). Here, while 
standing in the street with ])utts of their rifles upon the ground, each was jumped 
upon by three natives armed with knives, and one was stabbed in the stomach, dying 
upon the spot, and the other was stabbed under the arm (wound moderate). The 
former in the scuffle before being killed, managed to fire his rifle, giving the alarm 
to the garrison. The other sergeant escaped to the quarters also immediately. By 
now the insurrectos had surrounded the barracks and commenced to lire at the l)ar- 
racks from both front and rear. The convent itself is surrounded l)y a stone wall 
about a large yard, and behind this wall and the church (distant 75 feet) were about 
200 insurrectos, some with rifles, the majority with knives. The insurrectos firing 



16 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

from the front were hidden by an old stone-house foundation, and also by high weeds 
and brush. The orders were such that in case of attack the most of the company 
should go to the windows and porch and a squad report to Lieutenant Masteller in 
front of the barracks. 

This squad the latter officer deployed and charged around the church and wall, not 
knowing what hostile troops were there nor how they were armed. This was where 
the majority of the 89 "innocent" natives were killed and a firearm or bolo or spear 
removed from each. The number of firearms taken was six, one of which was a 
Krag rifle which had been taken from an American soldier killed at Loculan, 12 
miles from here, by the same troops in part that attacked this garrison. There the 
attack was more successful, as the natives rushed into the house where the American 
troops were, and before they could be repulsed had stabbed to death seven American 
soldiers, being the whole guard, and wounding a number of others. The method 
they follow is to get close and then draw their bolos, always concealed until the 
moment of using under loose trousers, and you can easily guess what mischief they 
can do when they are mixed with your own men so the latter can not fire. Vigor- 
ous measures have to be taken against large numbers, when they are close, to pre- 
vent this occurring, as it did in the instance referred to. By each of the prisoners 
captured that morning we were told that they had come in to fight the American 
soldiers. From later knowledge it is known that near 1,000 natives were engaged in 
the attack, but all had not gotten to the quarters when it commenced. 

As to the gunboat Callao, spoken of in the same dispatch, it was lying in the bay 
in front of the barracks, and when the firing commenced it also opened up on the 
town, which was deserted (with the exception of the insurrecto soldiers), and the 
shells of said boat burned a small wooden warehouse and one nipa house. One 
sailor aboard was shot, while handling a Colt gun, from the shore by insurrectos. 

A word as to the personnel of the troops concerned, and of the revolutionists, who 
still hold together as an organized force in this vicinity. The most of the officers are 
renegade Tagalos and many of the soldiers disciplinarios; the latter are men who 
were sent to this island by the Spaniards for having committed some crime in Luzon. 
Here they were placed between the sea and the Moor country, which they could not 
enter, and compelled to be soldiers. These people have in their possession the rifies, 
and intimidate and impress the unwilling into service. It is an absolute fact that 
they have punished even to death some natives who have been no more than friendly 
to our troops. The general who is in command of them is not really in command, 
for they have the rifles and have a guard over him. He desires that they surrender. 
Their only other general was captured by us two weeks ago, and he himself says the 
men are robbers and hard characters and most of the officers are the same. Being 
captured, lie stated, was the only way he could get away from them without great 
peril to himself, family, and belongings. 

In conclusion, I wish to say that Lieutenant Masteller and his command have 
received very unjust notices through the press of the United States. The cable as 
sent and published was never more than a hearsay recital of the things that occurred, 
and it was twisted worse than the story of the three black crows. 

It is luinecessary to tell you how outraged the soldiers of this and all other ogani- 
zations are when such lying reports are circulated, which if true would be blots upon 
the American Army and nation. 

Respectfully, W. B. Elliott, 

Captain, Fortieth Infantry, U. S. Vols. , Commanding Post, 



Under date of September 8, 1900, Charles M. F. Striger, in a letter dated Covington, 
Ky., wrote to the Secretary of War relative to a speech made by the Hon. John P. 
Altgeld, of Illinois, in which letter Mr. Striger stated that the Hon. John P. Altgeld 
referred to a newspaper clipping purporting to publish a private letter from Private 
Thomas W. Jones, Company G, Eleventh Volunteer Cavalry, in which the soldier is 
quoted as having written detailing the firing by our soldiers into a wedding party, 
killing the bride and wounding or killing the groom and several others attending the 
wedding. An investigation of this matter by the commanding general. Division of the 
Philippines, was directed under date of August 20, 1900, and the report of Maj. S. W. 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 17 

Miller, Forty-sixth U. S. Volunteer Infantry, acting inspector-general second district, 
Department of Southern Luzon, is as follows: 

Calamba, p. I., October 17, 1900. 
The Ad.tut A XT-General, 

Second DiMrict, Department of Soutliern Luzon. 

Sir: I have the honor to submit the following report of an investigation made by 
me pursuant to third indorsement on communication, to which this forms an inclo- 
sure. L^pon receipt of communication I went to Santa Cruz and Pagsanjan, province 
of Laguna, and entered upon the duty assigned, viz: to investigate the alleged "mas- 
sacre of Filipinos at Santa Cruz, P. I., June 25, 1900, where 12 Filipinos were killed 
and the like number wounded, an elderly lady shot through the leg, and a little 
child had her arm shot off." 

At 6.10 o'clock on the morning of June 25, 1900, an expedition of United States 
troops numbering 6 officers and 126 men, composed as follows, viz, 30 men each 
from troops A and G, Eleventh Cavalr3^ 17. S. Volunteers, under Capts. E. A. 
Sturges and E. L. Glasgow; 42 men from troops E and L, Eleventh Cavalry, U. S. 
Volunteers, under Capt. Williani J. Kipp, Eleventh Cavalry, U. S. Volunteers, and 
24 men from Company H (mounted), Thirty-seventh Infantry, U. S. A'olunteers, 
Lieut. E. S. West, Eleventh Cavalry, U. S. Volunteers, commanding temporarily, 
and Maj. Francis A. Winter, surgeon. Thirty-seventh Infantry, U. S. Volunteers, all 
under the command of Capt. E. D. Scott, Thirty-seventh Infantry, U. S. Volunteers 
(second lieutenant. Sixth U. S. ArtillerjO, left Pagsanjan; the object of the expedi- 
tion was the capture of the insurgent General Cailles. A native furnished by Capt. 
A. F. W. 3Iacmanus, Thirty-ninth Infantry, U. S. Volunteers, in charge of the secret 
service at the headquarters of the second district, Department of Southern Luzon, 
and for whose ability and knowledge of the country Captain Macmanus vouched, 
accompanied the command as guide. 

The command marched to Cavinti, P. I., where the guide took a trail to the east, 
but gradually changed direction until at 10 o'clock a. m., -same day, the expedition 
found itself headed due west and at the ford of the Pagsanjan River, not over 3 miles 
east of the town of Pagspmjan. At this point Captain Scott asked the guide if he knew 
where he was going. He acknowledged that he had lost the trail, and was permitted 
to cross the stream to get another native, who he said would put him right. The guide 
returned with the native, the command took up the march, and at 4 o'clock p. m., 
after eight hours' riding, reached a point near San Antonio, ordinarily reached in two 
and one-half hours from Pagsanjan, the guide furnished having impres>-ed at least 
one other native as guide since leaving the ford of tlfe Pagsanjan River. 

At this point it became necessary to leave the horses. Captain Scott then took ten 
men each from Troops A, G, E, and L, Eleventh Cavalry, U. S. Volunteers, and 
Company H, Thirty-seventh Infantry, Jj. S. Volunteers, and with Captains Kipp 
and Sturges, Eleventh Cavalry. T7. S. Volunteers, and ]^iajor Winter, surgeon Thirty- 
seventh Infantry, U. S. Volunteers, proceeded on foot along a trail to the eastward 
from San Antonio, the guide still leading. After marching about a mile the guide 
pointed out a house as that of General Cailles. The house wassurrounded and searched, 
but proved to be that of an ordinary native family. Other houses Avere pointed out 
by the guide as occupied by the insurgents, but upon examination were found to be 
vacant. The command proceeded, and toward sunset, about 3 miles from where the 
horses were left, loud voices and laughter were heard. A reconnoissance was made, 
and a large number of natives were located in a house about 400 or 500 yards distant. 
The guide said they were insurgents. 

Captain Scott divided his command with the intention to surround the house. 
Sent Captain Kipp with the detachments from L a^id E Troops to the right. Held 
the detachments of A and G Troops and Company H, Thirty-seventh Infantry, with 
Major Winter and Captain Sturges, under his own immediate command. After Cap- 
tain Kipp had been gone a short time Captain Scott gave orders to his immediate 
command to advance rapidly on the house. The troo])s were concealed by the brush, 
and when the}' emerged from the same about 75 yards from the house it was discov- 
ered that the house was situated on the far side of a stream not fordable. Tlie only 
way of crossing Avas a bamboo rail. As soon as the troops came in sight the natives 
in the house started to run away. Captain Scott was in the advance, saw armed 
men running around the corner of the house, and shot at them. One of these men 
was later killed by Corporal (now First Sergt. ) Robert Anderson, Company H, 
Thirty-seventh Infantry, L^. S. Volunteers. Caj^tain Scott crossed the stream on 
the ))amboo rail, ran around the corner of the house to the rear of it where the 
armed men had disappeared, but was oblige<l to return, owing to the tire of his own 
men. This fire came from the men of Comi)any II, Thirty-seventh Infantry, JJ. S. 
Volunteers (in the lead), and Troops A and G, Eleventh Cavalry, U. S. Volunteers, 

S. Doc. 205, pt 1 2 



18 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

who opened fire on the house without coniniand and continued to fire into same until 
threatened by their officers if they did not cease. Captain Sturges drew his 
revolver and threatened to shoot the next man who shot toward the house. The 
firing then ceased. A few shots ^vere fired by the troops under Captain Kipp, but 
as far as I could learn only at native men running away. 

A few, probably three, armed native men were seen. They ran to the brush, as 
did many others. Orders were given to fire upon them. They were pursued some 
distance. After the affair was over (it lasted but a short time) it was found that the 
house was a new one, very large, as native houses go, more of shelter than a house, 
partly open on one side. In it were found many women and children huddled under 
a floor raised probably Sj feet from the ground. A table was set, and food (chicken, 
pig, rice, etc. ) was found on it, as though the natives were engaged in a feast. A 
large quantity of rice was stored in one end. About 20 war bolos and some ammu- 
nition were also found in the building. A number of women and children v\ere 
found outside, sheltered by the bank of the stream, where they had taken refuge 
when the firing opened. Three rifles were captured. 

The casualties were 2 men and 1 woman dead, 1 woman and 2 children wounded, 
all natives, and found in the building. The gathering in the house was no doubt 
that of a celebration or feast of some kind, most probably a wedding, but I could 
find no evidence that the bride had been killed or the bridegroom wounded in 
the unfortunate occurrence. The house was destroyed, and after caring for the 
wounded as much as circumstances permitted, the command returned to their 
stations. Private Thomas W. Jones, Troop G, Eleventh Cavalry, IT. S. Volunteers, 
admitted writing a letter to his brother at Washington, D. C, concerning the affair, 
but told me he had exaggerated the number killed, and that the clipping is a gross 
exaggeration of the letter he wrote. 

Very respectfully, S. AV. Miller, 

Ifqjor, Forty-siivth Infantry, U. S. Volunteers, 

Acting Inspector-General. 

In forwarding the report of Major Miller to division headquarters, Maj. (jen. J. C. 
Bates, U. S. Volunteers, commanding Department of Southern Luzon, states: 

Manila, P. I., October ^3, 1900. 

This matter seems to have been grossly exaggerated in the newspaper report, and 
the occurrence, deplorable as it is, seems to have been due to armed insurrectos min- 
gling with a festive gathering. It is gratifying to learn that the officers were not 
responsible for the indiscrimina1?e shooting upon the house, but took stern measures 
to stop the firing. 

The harrowing account of the killing of a bride and bridegroom seems to be pure 
fiction. 

In forwarding the papers to the Adjutant-General of the Army, Major-General 
MacArthur, commanding the Division of the Philippines, says: 

Manila, P. L, November 11, 1900. 

Respectfully returned. The circumstances described was undoubtedly the result 
of an accident arising largely from the misdirection of the guide, who assumed to know 
more of the situation than the facts justified; a not uncommon thing in this country. 

The result was deplorable from every point of view, but was the consequence of 
one of those unavoidable accidents continually arising in war, more especially under 
such difficult conditions as have arisen from the system inaugurated by the insurgents. 

Although the soldier in writing his letter exaggerated in an indefensible manner, 
the circumstances themselves are so tragic as to arouse a sense of keen regret on the 
part of all the officers concerned. 

Arthur MacArthur, 
Major- General, U. S. Volunteers, Commanding. 



10. 



In December, 1900, a newspaper clipping originating with the Valparaiso (Ind.) 
Evening Messenger, published an alleged letter from Benjamin Sierks, Sixteenth 
U. S. Infantry, in which was recited the inhuman treatment of certain Filipino pris- 
oners by the commanding officer at Cabagan, Nuevo, P. I. The clipping was referred 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 19 

to the commanding general, Division of the Philippines, for investigation on Januarj^ 
3, 1900. The report of Second Lieut. Ernst. Hagedorn, Sixteenth U. S. Infantry, 
commanding officer at the above-named station, who was the officer concerned, is as 
follows: 

[Third indorsement.! 

Ilagax, p. I., April 19, 1901. 

Respectfully returned to the adjutant, Ilagan. 

The special diet mentioned in this communication vv-as used in June, 1900, at 
Cabagan, Xuevo, by my orders and for the following reasons: 

I was ordered to take command of Cabagan, Nuevo, on June 12, twelve days after 
an attack made on the detachment of Lieutenant Butler, Forty-ninth Infantry, U. S. 
Volunteers, and about two months after the assassination of Private Anderson, Com- 
pany E, Sixteenth Infantry. After looking over the situation I came to the conclu- 
sion that the attack had been made mainly by inhabitants of the town itself. All 
other means of obtaining information about the occurrence proving failures, I seized 
three suspicious characters; these on being questioned refused to giv^e any informa- 
tion at all. I then ordered them confined to the stocks, with a diet of salt fish with- 
out w^ater. This diet had excellent direct results. After forty-eight hours all three 
gave more or less information which led to the capture and wounding of 1 Tagalo, 
the capture of 15 guns and rifles of different makes, several revolvers, and over 50 
war bolos. An order issued by me to turn in all the arms in the possession of the 
people had resulted in the delivery of a single bolo. On information given by these 
three I was enabled to arrest 00 persons that had participated in the attack on Caba- 
gan; these people w^ere put to work on the streets of the town and were released 
after three or four weeks. The ultimate results which were achieved after I had 
left Cabagan on July 14 were considerably more important. Of the three prisoners 
who underwent the treatment, one is now sergeant of j^olice of Cabagan, !Xuevo. 
He has captured one Mauser rifle from the enemy, and has lately been commended 
by the district commander for repulsing with loss a party of insurgents. There is no 
doubt that previous to his capture he was one of the desperate characters of the com- 
munity and that he had full knowledge of all that happened on May 30. Another, 
Silvestre Gallardo, has recently been assassinated on account of services rendered 
our forces. The third one, a certain Pio Bani, after working diligently for some time, 
was lost sight of, probably having backslidden; in his case another application of the 
treatment would probably renew his ardor for the cause. 

The health of none of these men was ever injured by this treatment, nor was it 
administered in any spirit of re\^nge or anger, but solely for the best interest of the 
service and as the only means of obtaining information and protecting the lives of 
my men and of peaceful citizens — if there were any at that time — against assassina- 
tion. As the ultimate result of this treatment Cabagan Nuevo, which, as every offi- 
cer who has served in the subdistrict of Tuguegarao knows, was one of the most 
violent and rabid towns of the Cabagan Valley, is now probably the most peaceful. 
Xone of the men taken prisoners could properly be called prisoners of war. They 
were inhabitants of Cabagan Nuevo, who would from time to time take to the woods 
for such military operations as they thought they could perform without danger to 
themselves. According to the laws and customs of war, I should have been justified 
in summarily executing them. In connection with this I respectfully cite from Mer- 
cur's Elements of the Art of AVar, a recognized text-book at the United States Mili- 
tary Academy. Speaking of guerrillas, he says in section 314: "Or they may be inde- 
pendent bodies of ununifonned men, banded together under their own chiefs, uniting 
for execution of some object, legitimate or not, and dispersing to their homes when 
they think it expedient." In section 315 he says: "The members of bodies of the 
second class are not subject to the authorities of a country, are not restricted by the 
laws of war, and are generally treated as outlaws and summarily executed if 
captured." 

Again he says, in section 310: "In a hostile country all organized bands must be 
hunted down and de.stroyed, and most severe measures used if necessary." 

Ernst Hagedorn, 
Second Lieutenant, Sixteenth U. S. Infantry. 



20 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

In forwarding the report of Lieutenant Hagedorn, Col. Charles S. Hood, regimental 
commander, remarks as follows: 

Headquarters Second District, 

Department Northern Luzon, 

Aparri, P. L, May 3, 1901. 

Lieutenant Hagedorn has been most energetic in the performance of his duties 
and has rendered valuable service in the pacification of this district. It is believed 
he acted in the best interest of the service, even if mistakenly, and it is recommended 
that no further action be taken in this case. 

Chas. S. Hood, 
Colonel Sicteenth Tafantrij, Coiiimaudirig. 



No. 11. 



In a letter written l)y Sergt. Charles S. Riley, Company M, Twenty-sixth U. S. Vol- 
unteer Infantry, which was published in the Northampton, Mass., Herald about 
March 8, 1901, in which letter the soldier related various crimes of violence against 
natives, it was stated that the "water cure" was administered to extort information, 
and that the town of Igbaras, Panay. was burned to the ground. This publication 
called forth a number of letters to the Department protesting against such outrages. 
One letter, from Isaac Bridgeman, dated Northampton, Mass., March 13, 1901, was on 
March 19, 1901, referred to the commanding general. Department of California, for 
reference to the commanding officer Twenty-sixth U. S. Volunteer Infantry, upon 
its arrival in the United States, for report. This letter was returned by indorsement 
of the commanding officer of the Tv.enty-sixth L". S. Volunteer Infantry, dated 
April 24, 1901, with his report, as follows: 

[Fourth indorsement.] 

Headquarters Twenty-sixth Infantry, U. S. Volunteers, 

Presidio of California, , . 

Respectfully returned. * 

Sergeant Riley, Company ]M, Twenty-sixth Infantry, U. S. Volunteers, states that 
the publication inclosed was of a private letter and without any authority whatever. 
The tendency of enlisted men to draw the long bow in such cases is vrell known. 
Major Cook, Captain McDonald, and Sergeant Riley state that no officers or soldiers 
of this regiment took part in any so-called water-cure proceedings or other threats 
against the natives on the occasion stated. L^ndoubtedly there were violations of 
the rule and custom of war; and as the complainants may have overlooked notice 
thereof, I shall state a few cases within my personal knowledge. In November, 1899, 
at Jaro, a large flag of truce was used to entice ofiicers into ambush. By order of 
the commander all persons displayed white flags in the country where our troops 
operated. . This was not for protection, but to give warning to insurgents to hide 
theii guns and disguise themselves. Privates Dugan, Hayes, and Tracy, of Company 
F, were murdered by the town authorities at Calinog. Private Nolan, at Dingle, 
was tied up by the ladies while in a stupor; the insurgents were sent for and cut his 
throat with a sangut. The body of Corporal Donehy, of Company D, was dug up, 
burned, and mutilated at Dumangas. Private O'Hearn, captured by apparently 
friendly people near Leon, was tied to a tree, burned for four hours with a slow fire, 
and finally slashed up. Lieut. ]\Iax Wagner was assassinated on th(! road to Pototan, 
October 1, by insurgents disguised in American uniform. These are only a few 
instances confined to this regiment. Atrocities committed by Sandatajanes or Pul- 
ajanes are too numerous to mention. Details can be furnished of the butcheries at 
I^ganes and Mina and of burial alive near Barotac Nuevo. The conduct of the 
American troops in the Philippines has been so humane as to be a continued source 
of surprise to all foreigners and to the natives. Although General Orders, No. 100, 
has not been revoked, its provisions against treachery, according to the law and cus- 
tom of war of all civilized nations, have never been applied to m\^ knowledge. 

J. T. VriCKMAN, 

Lieutenant-t'olonel Twenty-sixth Infantry, U. S. Volunteers, Commanding. 



CHARGES OF CRUELTY, ETC., TO FILIPIIS^OS. 21 

Xo. 12. 

Peter Pearl, a colored man, in a letter to the President, written from St. Louis, Mo., 
under date of July 17, 1901, states that he vras an "attache" of the Thirty-eighth U. S. 
Volunteer Infantry, and saw while with that ]-egiment many cases of illtreatment of 
Filipinos, specifying an assault on a native woman 70 years of age, to whom vras 
administered the 'water cure" to such an extent that she was rendered insensible 
hy the treatment she received, and that "Lieutenant Congo, at Xabolos, island of 
Negros," administered the "water cure" to a priest and the town officers of that place 
under circumstances of great cruelty and brutality. In connection with these charges 
against the Thirty-eighth U. S. Volunteer Infantry, he refers to the harsh treatment 
experienced by the natives at the hands of the Twenty-first U. S. Infantry, stating 
that the Filipinos were beaten and otherwise abused by men of that regiment. These 
paj)ers were referred to the commanding general. Division of the Philippines, under 
date of July 22, 1901, and were returned v.dth the report of the commanding officer 
of the Twenty-first U. S. Infantry, and also of Maj. Gi-eorge S. Anderson, Sixth LT. S. 
Cavalry, formerly colonel of the Thirty-eighth L". S. Volunteer Infantry, which latter 
regiment had been at that time mustered out of service. The reports are as follows: 

[Fourth indorsement.] 

Headquarters Twexty-first Ixfaxtry, 
Lipa, Batangas, Luzon, P. I., September 22, 1901. 
Eespectfully returned. , 

From inquiries made of the presidente and the principal people of the town, I 
have not been able to find anyone who knows this man. 

The regimental commander desires to state that the charges which appear in the 
letter in regard to the Twenty-first Infantry are unqualifiedly false. 

Jacob Klixe, 
Colonel Twenty-first Infantry, Commanding. 

[Seventh indorsement.] 

Paxay Cavalry Barracks, P. I., Octobers, 1901. 

Eespectfully returned to the adjutant-general. Department Southern Luzon. I 
indorse the statement of Colonel Kline that, "so far as the charges refer to the 
Twenty-first Infantry, they are unqualifiedly false. ' ' They are equally false as regards 
the Thirty-eighth Infantry, L^. S. Volunteers. There were but four colored men ever 
associated with the Thirty-eighth Infantry. One, a mere boy, called "Snowball," 
was sent to 3Ianila from Batangas for robbing and striking a native woman; another, 
Eugene Hunt, my personal servant and brought by me from Washington, D. C, was 
sent to Bililoid for a term for robl^ing me. This was also from Batangas, and neither 
of them was in Panay. There were two elderly colored men who came over with the 
regiment as cooks for officers' messes. The only names I ever knew for them were 
"Pete" and "Sam." After we arrived here they were never at the same post that I 
served at. I believe that both returned with the regiment to the Ignited States. 
One of them was a crazy exhorter, who, on all occasions, insisted on preaching most 
ridiculous sermons, to the great amusement of the soldiers. I think this was "Sam." 

It is safe to say that the writer of the letter never " picked up much of their lan- 
guage" or "met any of the more intelligent of them." There was no censorship on 
private letters ; he might have written whatever he chose. It is true that the word 
" nigger " was very often used as applied to the natives, probably correctly. I never 
used the vrord myself. The incident of the " water cure" being a])plied to the "old 
woman 70 years of age" is in every respect false. I never heard of a case where 
infoi-mation was sought from women, by force or otherwise, excei>t where they vol- 
unteered it. I never knew or heard of a Lieutenant Congo. No part of the Thirty- 
eighth was ever at Nabolas or at any other ])lace on Xegros. No soldier of the 
Thirty-eighth was ever arrested for making protest against cruel or any other acts. 
The strictest orders were given and enforced against looting. I do not believe that 
either a woman or a child were ever hit by a shot fi.red by the regiment, except })er- 
haps as an accident of the battlefield. ^lany men were shot as they fied, but tliey 
probably all deserved it. I never heard the term "shooting ral)l)i'ts" used in the 
regiment. Raping of natives, liad it occurred, would have received the severest pun- 
ishment possil:>le. I am confident that not a case of it occurred in the regiment. 
Inasmuch as these charges are unqualifiedly false in every word, I suggest that the 
writer be proceeded against by law. Witnesses in abundance can be found Avho were 
in the Thirty-eighth and who now reside in or near St. Louis. 

Geo. S. Axdersox, 
Major, Sixth Cavalry, lately Colonel Thirty-eighth Volunteer Infantry. 



22 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

No. 13. 

A private letter published in the Monroe County ( W. Va. ) AYatchman of Septem- 
ber 6, 1901, from Alexander Grant, late ])rivate of Company D, Sixth U. S. Infantry, 
called forth a letter from J. F. Houchins. The letter of the .soldier refers to an 
engagement between his company and the Filipinos at Isabela, Island of Xegros, 
and relates the wanton killing of a number of natives and the burning down of a num- 
ber of houses, and states that a native woman was burned to death in the conflagra- 
tion which destroyed her house. The papers were referred to the commanding 
general. Division of the Philippines, for investigation and report, and were returned 
with the report of First Lieut. W. F. Nesbit, Sixth U. S. Infantry, w^hich is as 
follows : 

Bacolod, Negros, p. I., October 34, 1900. 
The Adjutant Sixth Infantry. 

Sir: In regard to an article published in the Cincinnati Enquirer of August 12, 
1900, containing statements of one Private Grant, formerly of Company I), Sixth 
Infantry, I have the honor to state that the barrio referred to was the rendezvous of 
ladrones and insurgents, the proof of which we found only after thorough search, and 
which were ammunition, spears, bolos, and uniforms. 

I have no doubt that a part of the band we chased from Cabug were among those 
found in the barrio. The men of the barrio were accordingly grouped together and 
placed under guard, and the place burned. I know of no such occurrence as the 
burning of a woman, and I believe that statement to be absolutely false and mali- 
cious. My men were as much engaged in guarding prisoners and burning as those 
of Compan}^ D, and I never heard from them or from anyone else of any such inci- 
dent. I saw prisoners trying to escape from the guard by running into the rice fields. 
No order was given to fire upon them, as it was not necessary, the guard doing its 
duty at the first attempt to escape. 

The statement as to treatment of soldiers here in the Philippines is so ridiculous 
and malicious that it does nothing but show the animus of the man toward the 
service and his country. 

I know of no soldier being tried for writing home about the treatment of soldiers, 
and I believe such statement of Grant's to be false. It seems needless to refute any 
of these apparently malicious machinations of a dissatisfied soldier. 
Very respectfully, 

W. F. Nesbit, 
First Lieutenant, S'uih Infantry, Commanding Compaay K. 

and report of Capt. Omar Bundy, Sixth Infantry, which is as follows: 

Headquarters Department of the Yisayas, 

Office of the Inspector-General, 

lloilo, P. L, November 19, 1900. 

Respectfully returned to the adjutant-general Department of the Visayas. This 
article first appeared in the Cincinnati Enquirer of xlugust 12, 1900, and was 
undoubtedly published for political effect. It is manifestly false in m.auy particu- 
lars, and where based upon truth the latter has been perverted to suit the needs of 
sensational newspapers. 

The barrio referred to, consisting of a few nipa huts, had for some time been the 
rendezvous of ladrones and insurgents. The huts were destroyed, as a necessary 
military measure, to prevent their further use by lawless natives. The story of the 
burning of a woman I beheve to be entirely false. I never heard any mention of 
this until this newspaper article appeared, eight months after the huts were burned. 
No unarmed insurgents were shot in the manner described. The firing that occurred 
was at men who were running away from the guard that had been placed over them. 
It was ju.stified by the circumstances as I saw them. I inclose herewith a copy of a 
report of First Lieut. W. F. Nesbit, Sixth Infantry, bearing on this subject. He was 
with me at the time, in command of K Company, Sixth Infantry. 

Omar Bundy, 
Captain, Sixth Infantry. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 23 

In returning the report of this second otScer to the headquarters Division of the 
PhiUppines, Brig. (jen. R. P. Hughes, U. S. Volunteers, commanding the Depart- 
ment of the Visayas, remarks as follows: 

Headquarters Department of the Visayas, 

Iloilo, P. J., November 20, 1900. 

Respectfully returned. 

I have never heard of such an incident as this clipping relates. The statements of 
the two officers who were present at the time are returned herewith. They are both 
men of cultivation and refinement, and the outrages stated by Grant could not possi- 
bly be caused or countenanced by either of them. 

R. P. Hughes, 
Brigadier-General, U. S. Volunteers, Cor,imanding. 



Exhibit D. 

General Orders, ^ War Department, 

y Adjutant-General's Office, 

^'o. 100. J Washington, April 24, 1863. 

The following "Instructions for the government of armies of the United States in 
the field," prepared by Francis Lieber, LL. D., and revised by a board of officers, of 
which Maj. Gen. E. A. Hitchcock is president, having been approved by the Presi- 
dent of the United States, he commands that they be published for the information 
of all concerned. 
By order of the Secretary of War: E. D. Townsend, 

Assistant Adjutant- General. 

INSTRUCTIOXS FOR THE GOVERNMENT OF ARMIES OF THE UNITED 

STATES IN THE FIELD. 

Section I. — Martial law — Militarij jurisdiction — Military necessity — Retaliation. 

1. A place, district, or country occupied by an enemy stands, in consequence of 
the occupation, under the martial law of the invading or occupying army, whether 
any proclamation declaring martial law, or any public warning to the inhabitants, 
has been issued or not. ISlartial law is the immediate and direct effect and conse- 
quence of occupation or conquest. 

The presence of a hostile army jiroclaims its martial law. 

2. Martial law does not cease during the hostile occupation, except by special 
proclamation, ordered ]:)y the commander in chief; or l)y special mention in tlie 
treaty of peace concluding the war, when the occupation of a place or territory con- 
tinues beyond the conclusion of peace as one of the conditions of the same. 

3. Martial law in a hostile country consists in the suspension, by the occupying 
military authority, of the criminal and civil law, and of the domestic administration 
and government in the occupied place or territory, and in the substitution of mihtary 
rule and force for the same, as well as in the dictation of general laws, as far as mili- 
tary necessity requires this suspension, substitution, or dictati<^n. 

The commander of the forces may jiroclaim that the administration of all civil and 
penal law shall continue, either wholly or in part, as in times of peace, unless other- 
wise ordered by the military authority. 

4. Martial law is simi)ly military authority exercised in accordance v>ith the laws 
and usages of war. Military oppression is not martial law; it is the abuse of the 
power which that law confers. As martial law is executed by military force, it is 
incumbent upon those who administer it to ])e strictly guided by the principles of 
justice, honor, and humanity — virtues adorning a soldier even more than other men, 
for the very reason that he possesses the power of his arms against the unarmed. 

5. ^Martial law should be less stringent in places and countries fully occupied and 
fairly conquered. Much greater severity may be exercised in places or regions where 
actual hostilities exist, or are expected and nuist be prepared for. Its most complete 
sway is allowed — even in the conunander's oavu country — when face to face with the 
enemy, l)ecause of the absolute necessities of the case, and of the paramount duty to 
defend the country against invasion. 

To save the country is paramount to all other considerations. 



24 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

6. All civil and penal law shall continue to take its usual course in the enemy's 
places and territories under martial law, unless interrupted or stopped by order of 
the occupying military power; but all the functions of the hostile government — leg- 
islative, executive, or administrative — whether of a general, provincial, or local char- 
acter, cease under martial law or continue only with the sanction or, if deemed nec- 
essary, the participation of the occupier oi' invader. 

7. Martial law extends to property and to persons, whether they are subjects of 
the enemy or aliens to that government. 

8. Consuls, among American and European nations, are not diplomatic agents. 
Nevertheless, their offices and persons will be subjected to martial law, in cases of 
urgent necessity only; their property and business are not exempted. Any delin- 
quency they commit against the established military rule may be punished as in the 
case of an 5' other inhabitant, and such punishment furnishes no reasonable ground 
for international complaint. 

9. The functions of ambassadors, nainisters, or other diplomatic agents, accredited by 
neutral jDowers to the hostile Government, cease, so far as regards the displaced Gov- 
ernment; but the conquering or occupying power usually recognizes them as tempo- 
rarily accredited to itself. 

10. Martial law affects chiefly the police and collection of public revenue and 
taxes, whether imposed by the expelled government or by the invader, and refers 
mainly to the support and efficiency of the army, its safety, and the safety of its 
operations. 

11. The law of war does not only disclaim all cruelty and bad faith concerning 
engagements concluded with the enemy during the war, but also the breaking of 
stipulations solemnly contracted by the belligerents in time of peace, and avowedly 
intended to remain in force in case of war between the contracting powers. 

It disclaims all extortions and other transactions for individual gain; all acts of 
private revenge, or connivance at such acts. 

Offenses to the contrary shall be severely punished, and especially so if committed 
by officers. 

12. Whenever feasible, martial law is carried out in cases of individual offenders by 
militar}" courts; but sentences of death shall be executed only with the approval of 
the Chief Executive, provided the urgency of the case does not require a speedier 
execution, and then only with the approval of the chief commander. 

13. Military jurisdiction is of two kinds: First, that which is conferred and defined 
by statute; second, that which is derived from the common law of war. Military 
offenses under the statute law must be tried in the manner therein directed; but 
military offenses which do not come within the statute must be tried and punished 
under the common law of vvar. The character of the courts which exercdse these 
jurisdictions depends upon the local laws of each particular country. 

In the armies of the United States the first is exercised by courts-martial, while 
cases which do not come within the "Eules and Articles of War," or the jurisdiction 
conferred by statute on courts-martial, are tried by military commissions. 

14. Military necessity, as understood by modern civilized nations, consists in the 
necessity of those measures w^hich are indispensable for securing the ends of the war, 
and which are lawful according to the modern law and usages of war. 

15. Military necessity admits of all direct destruction of life or limb of armed enemies, 
and of other persons whose destruction is \n(ik\en.i2i\\Y lUKiroldaMe in the armed con- 
tests of the v*'ar; it allow^s of the capturing of every armed enemy, and every enemy 
of importance to the hostile government, or of j)eculiar danger to the captor; it 
allows of all destruction of property, and obstruction of the ways and channels of 
traffic, travel, or communication, and of all witliholding of sustenance or meaiis of 
life from the enemy; of the appropriation of vrhatever an enemy's country affords 
necessary for the subsistence and safety of the army, and of such deception as does 
not involve the breaking of good faith either positively pledged, regarding agree- 
ments entered into during the war, or supposed by the modern law of war to exist. 
Men who take up arms against one another in public war do not cease on this 
account to be moral beings, responsible to one another and to God. 

16. Military necessity does not admit of cruelty — that is, the infliction of suffering 
for the sake of suffering or for revenge, nor of maiming or wounding except in fight, 
nor of torture to extort confessions. It does not admit of the use of poison in any 
way, nor of the wanton devastation of a district. It admits of deception, but dis- 
claims acts of perfidy; and, in general, military necessity does not include any act of 
hostility which makes the return to peace unnecessarily difficult. 

17. War is not carried on by arms alone. It is lawful to starve the hostile bellig- 
erent, armed or unarmed, so that it leads to the speedier subjection of the enemy. 

18. When a commander of a besieged place expels the noncombatants, in order to 



CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 25 

lessen the number of those who consnine his stock of provisions, it is lawful, though 
an extreme measure, to drive them back, so as to hasten on the surrender. 

19. Commanders, whenever admissible, inform the enemy of their intention to 
bombard a place, so that the noncombatants, and especially the women and children, 
may be removed before the bombardment commences. But it is no infraction of 
the common law of war to omit thus to inform the enemy. Surprise may be a 
necessity. 

20. Public war is a state of armed hostility between sovereign nations or govern- 
ments. It is a law and requisite of civilized existence that men live in political, con- 
tinuous societies, forming organized units, called states or nations, whose constituents 
bear, enjoy, and suffer, advance and retrograde together, in peace and in war. 

21. The citizen or native of a hostile country is thus an enemy, as one of the con- 
stituents of the hostile state or nation, and as such is subjected to the hardships of 
the war. 

22. Nevertheless, as civilization has advanced during the last centuries, so has like- 
wise steadily advanced, especially in wa.r on land, the distinction between the private 
individual belonging to a hostile country and the hostile country itself, with its men 
in arms. The principle has been more and more acknowledged that the unarmed 
citizen is to be spared in person, property, and honor as much as the exigencies of war 
will admit. 

23. Private citizens are no longer murdered, enslaved, or carried off to distant parts, 
and the inoffensive individual is as little disturbed, in his private relations as the com- 
mander of the hostile troops can afford to grant in the overruling demands of a vig- 
orous war. 

24. The almost universal rule in remote times was, and continues to ^e with barba- 
rous armies, that the private individual of the hostile country is destined to suffer every 
privation of liberty and protection, and every disruption of family ties. Protection 
was, and still is with uncivilized people, the exception. 

25. In modern regular wars of the Europeans, and their descendants in other por- 
tions of the globe, protection of the inoffensive citizen of the hostile country is the 
rule; privation and disturbance of private relations are the exceptions. 

26. Commanding generals may cause the magistrates and civil officers of the hostile 
country to take the oath of temporary allegiance or an oath of fidelity to their own 
\dctorious government or rulers, and they may expel every one who declines to do so. 
But whether they do so or not, the people and their civil officers owe strict obedience 
to them as long as they hold sway over the district or country, at the 2)eril of their 
lives. 

27. The law of war can no more wholly dispense with retaliation than can the law 
of nations, of which it is a branch. Yet civilized nations acknowledge retaliation as 
the sternest feature of war. A reckless enemy often leaves to his opponent no other 
means of securing himself against the repetition of barbarous outrage. 

28. Retaliation will, therefore, never be resorted to as a measure of mere revenge^ 
but only as a means of protective retribution, and, moreover, cautiously and unavoid- 
ably; that is to say, retaliation shall only be resorted to after careful inquiry into the 
real occurrence, and the character of the misdeeds that may demand retribution. 

Unjust or inconsidei-ate retaliation removes the belligerents fartliei' and farther 
from the mitigating rules of regular war, and by rapid steps leads them nearer to the 
internecine wars of savages. 

29. ^Modern times are distinguished from earlier ages by the existence at one and 
the same time of many nations and great governments related to one another in 
close intercourse. 

Peace is their normal condition; war is the exception. The ultimate object of all 
modern war is a renewed state of peace. 

The more vigorously wars are pursued the ])etter it is for humanity. Sharp wars 
are brief. 

30. Ever since the formation and coexistence of modern nations, and ever since 
wars have become great national wars, Avar has come to be acknowledged not to l:)e 
its own end, Vmt the means to ol)tain great ends of state, or to consist in defense 
against wrong; and no conventional restriction of the modes adopted to injure the 
enemy is any longer admitted; but the law of war imposes many Hmitations and 
restrictions on principles of justice, faith, and honor. 

Section II. — Pablic and prirafe propcrft/ of the enemij — Protection of penona, and 
especlallji of u-otiien; of religion, the arts, and ffciences — J^iuiisJrmcnt of crimes against 
the inhabitants of hostile countries. 

31. A victorious army appropriates all public money, seizes all public movable 
property until further direction by its government, and sequesters for its own benefit 



^6 CHARGES OF CRUELTY, ETC., TO FILIPIjS^OS. 

or that of its government all the revenues of real property belonging to the hostile 
government or nation. The title to such real proj^erty remains in abeyance during 
militarj' occupation and until the conquest is made complete. 

32. A victorious army, by the martial power inherent in the same, may suspend, 
change, or abolish, as far as the martial power extends, the relations which arise 
from the services due, according to the existing laws of the invaded country, from 
one citizen, subject, or native of the same to another. 

The commander of the army must leave it to the ultimate treaty of peace to settle 
the permanency of this change. 

33. It is no longer considered lawful — on the contrary, it is held to be a serious 
breach of the law of war — to force the subjects of the enemy into the service of the 
victorious government, except the latter should proclaim, after a fair and complete 
oonquest of the hostile country or district, that it is resolved to keep the country, 
district, or place permanently as its own and make it a portion of its own country. 

34. As a general rule, the property belonging to churches, to hospitals, or other 
establishments of an exclusively charitable character, to establishments of education, 
or foundations for the promotion of knowledge, whether public schools, universities, 
academies of learning or observatories, museums of the fine arts, or of a scientific 
character — such property is not to be considered public property in the sense of par- 
agraph 31 ; but it may be taxed or used when the public service may require it. 

35. Classical works of art, libraries, scientific collections, or precious instruments, 
such as astronomical telescopes, as well as hospitals, must be secured against all 
avoidable injury, even when they are contained in fortified places whilst besieged or 
bombarded. 

36. If such works of art, libraries, collections, or instruments belonging to a hos- 
tile nation or government can be removed without injury, the ruler of the conquer- 
ing State or nation ma}' order them to be seized and removed for the benefit of the 
said nation. The ultimate ownership is to be settled by the ensuing treaty of peace. 

In no case shall they be sold or given away, if captured by the armies of the United 
States, nor shall they ever be privately appropriated or wantonly destroyed or 
injured. 

37. The United States acknowledge and protect, in hostile countries occupied by 
them, religion and morality; strictly private property; the persons of the inhabitants, 
especially those of women, and the sacredness of domestic relations. Offenses to the 
contrary shall be rigorously punished. 

This rule does not interfere with the right of the victorious invader to tax the peo- 
ple or their property, to levy forced loans, to billet soldiers, or to appropriate prop- 
erty, especially houses, lands, boats or ships, and churches, for temporary and military 
uses. 

38. Private property, unless forfeited by crimes or by offenses of the owner, can be 
seized only by way of military necessity, for the support or other benefit of the army 
or of the United States. 

If the owner has not fled, the commanding officer vvill cause receipts to be given, 
which may serve the spoliated owner to obtain indemnity. 

39. The salaries of civil officers of the hostile government who remain in the 
invaded territory and continue the work of their office, and can continue it according 
to the circumstances arising out of the war — such as judges, administrative or police 
officers, officers of city or communal government — are paid from the public revenue 
of the invaded territory until the military government has reason wholly or partially 
to discontinue it. Salaries or incomes connected with purely honorary titles are 
alwa3's stopped. 

40. There exists no law or body of authoritative rules of action bet\\'een hostile 
armies, except that branch of the law of nature and nations which is called the law 
and usages of war on land. 

41. All municipal law of the ground on which the armies stand, or of the countries 
to which they belong, is silent and of no effect between armies in the field. 

42. Slavery, complicating and confounding the ideas of property (that is of a thing) , 
and of personality (that is of humanift/), exists according to municipal or local law 
only. The law of nature and nations has never acknowledged it. The digest of the 
Roman law enacts the early dictum of the pagan jurist, that "so far as the law of 
nature is concerned all men are equal." Fugitives escaping from a country in which 
they were slaves, villains, or serfs into another country, have for centuries past been 
held free and acknowledged free by judicial decisions of European countries, even 
though the municipal law of the country in which the slave had taken refuge 
acknowledged slavery within its own dominions. 

43. Therefore, in a war between the United States and a belligerent which admits 
of slavery, if a person held in bondage by that belligerent be captured by or come as 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 27 

a fugitive under the protection of the miUtary forces of the United States, such per- 
son is immediately entitled to the rights and privileges of a freeman. To return 
such person into slavery would amount to enslaving a free person, and neither the 
United States nor any officer under their authority can enslave any human being. 
Moreover, a person so made free by the law of war is under the shield of the law of 
nations, and the former owner or State can have, by the law of j^ostliminy, no bellig- 
erent lien or claim of service. 

44. All wanton violence committed against persons in the invaded country, all 
destruction of property not connnanded by the authorized officer, all robbery, all 
pillage or sacking, even after taking a place by main force, all rape, wounding, maim- 
ing, or killing of such inhabitants are prohibited under the penalty of death, or such 
other severe punishment as may seem adequate for the gravity of the offense. 

A soldier, officer, or private in the act of committing such violence and disobeying 
a superior ordering him to abstain from it, may be lawfully killed on the spot by 
such superior. 

45. All captures and booty belong, according to the modern law of war, primarily 
to the government of the captor. 

Prize money, whether on sea or land, can now only be claimed under local law. 

46. Neither officers nor soldiers are allowed to make use of their position or power 
in the hostile country for private gain, not even for commercial transactions other- 
wise legitimate. Offenses to the contrary committed by commissioned officers Avill 
be punished with cashiering or such other punishment as the nature of the offense 
may require; if by soldiers, they shall be punished according to the nature of the 
offense. 

47. Crimes punishable by all penal codes, such as arson, murder, maiming, assaults, 
highway robbery, theft, burglary, fraud, forgery, and rape, if committed by an Amer- 
ican soldier in a hostile country against its inhabitants, are not only punishable as at 
home, but in all cases in which death is not inflicted, the severer punishment shall 
be preferred. 

Section III. — Deserters — Prisoners of War — Hostages — Boot;/ on the battlefield. 

48. Deserters from the American Army, having entered the service of the enemy, 
suffer death if they fall again into the hands of the United States, whether by caj)- 
ture, or being delivered up to the American Army; and if a deserter from the enemy, 
having taken service in the Army of the United States, is captured by the enemy, and 
punished by them with death or otherwise, it is not a breach against the law and 
usages of war, requiring redress or retaliation. 

49. A prisoner of war is a public enemy armed or attached to the hostile army for 
active aid, wlio has fallen into the hands of the captor, either fighting or wounded, 
on the field or in the hospital, by individual surrender or by capitulation. 

All soldiers, of whatevev species of arms; all men who belong to the rising en 
masse of the hostile ccnrntry; all those who are attached to the army for its efficiency 
and promote directly the object of the war, excej^t such as hereinafter provided for; 
all disabled men or officers on the field or elsewhere, if captured; all enemies who 
have thrown aAvay their arms and ask for quarter, are prisoners of war, and as such 
exposed to the inconveniences as well as entitled to the I'lrivileges of a prisoner of 
war. 

50. Moreover, citizens who accompany an army for whatever purpose, such as 
sutlers, editors, or reporters of journals, or contractors, if captured, may Ije made 
prisoners of vrar, and l)e detained as such. 

The monarch and members of the hostile reigning family, male or female, the 
chief, and chief officers of the hostile government, its diplomatic agents, and all 
persons who are of particular and singular use and benefit to the hostile army or its 
government, are, if captured on belligerent ground, and if unprovided with a safe 
conduct granted by the captor's government, i)risoners of war. 

51. If the people of that portion of an invaded country which is not yet occupied 
by the enemy, or of the whole country, at the approach of a hostile army, rise, under 
a duly authorized levy, en masse to resist the invader, they are now treated as pul)lic 
enemies, and, if cajitured, are prisoners of war. 

52. No belligerent has the right to declare that he will treat every caj)tured man 
in arms of a levy eu masse as a brigand or bandit. 

If, however, the peoi)le of a country, or any portion of the same, already occu- 
pied by an army, rise against it, they are violators of tlie laws of war, and are not 
entitled to their protection. 

53. The enemy's cha])lains, officers of the medical staff, apothecaries, hospital 
nurses and servants, if they fall into the hands of the American Army, are not 
prisoners of war, unless the commander has reasons to retain them. In this latter 



28 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

case, or if, at their own desire, thej^ are allowed to remain with their captured com- 
panions, they are treated as prisoners of war, and nia}^ be exchanged if the com- 
mander sees fit. 

54. A hostage is a person accepted as a pledge for the falfUlment of an agreement 
concluded between belligerents during the war, or in consequence of a war. Host- 
ages are rare in the present age. 

55. If a hostage is accepted, he is treated like a prisoner of war, according to rank 
and condition, as circumstances may admit. 

56. A prisoner of war is subject to no punishment for being a public enemy, nor 
is any revenge wreaked upon him b}^ the intentional infliction of any suffering, or 
disgrace, by cruel imprisonment, want of food, by mutilation, death, or any other 
barbarity. 

57. So soon as a man is armed by a sovereign government and takes the soldier's 
oath of fidelity, he is a belligerent; his killing, wounding, or other warlike acts are 
not individual crimes or offenses. No belligerent has a right to declare that enemies 
of a certain class, color, or condition, when properly organized as soldiers, will not 
be treated by him as public enemies. 

58. The law of nations knows of no distinction of color, and if an enemy of the 
United States should enslave and sell any captured persons of their Army, it would 
be a case for the severest retaliation, if not redressed upon complaint. 

The United States can not retaliate by enslavement; theiefore death must be the 
retaliation for this crime against the law of nations. 

59. A prisoner of war remains answerable for his crimes committed against the 
captor's army or people, committed before he was captured, and for which he has 
not been punished by his own authorities. 

All prisoners of war are liable to the infliction of retaliatory measures. 

60. It is against the usage of modern war to resolve, in hatred and revenge, to 
give no quarter. No body of troops has the right to declare that it will not give, 
and therefore will not expect, quarter; but a commander is permitted to direct his 
troops to give no quarter in great straits, v>'hen his own salvation makes it impossible 
to cumber himself with prisoners. 

61. Troops that give no quarter have no right to kill enemies already disabled on 
the ground, or prisoners captured by other troops. 

62. All troops of the enemy known or discovered to give no quarter in general, 
or to any portion of the army, receive none. 

63. Troops who fight in the uniform of their enemies, without any plain, striking, 
and uniform mark of distinction of their own, can expect no quarter. 

64. If American troops capture a train containing uniforms of the enemy, and the 
commander considers it advisable to distribute them for use among his men, some 
striking mark or sign must be adopted to distinguish the American soldier from the 
enemy. 

65. The use of the enemy's national standard, flag, or other emblem of nationality, 
for the purpose of deceiving the enemy in battle, is an act of perfidy by which they 
lose all claim to the protection of the laws of war. 

66. Quarter having been given to an enemy by American troops, under a misap- 
prehension of his true character, he may, nevertheless, be ordered to suffer death if, 
within three days after the battle, it be discovered that he belongs to a corT:>s which 
gives no quarter. 

67. The law of nations allows every sovereign government to make war upon 
another sovereign State, and therefore admits of no rules or laws different from those 
of regular warfare regarding the treatment of prisoners of war, although they may 
belong to the army of a government wdiich the captor may consider as a wanton 
and unjust assailant. 

68. ^lodern wars are not internecine wars, in which the killing of the enemy is 
the object. The destruction of the enemy in modern war, and, indeed, modern war 
itself, are means to obtain that object of "the belligerent which lies beyond the war. 

Unnecessary or revengeful destruction of life is not la\^'ful. 

69. Outposts, sentinels, or pickets are not to be fired upon, except to drive them 
in, or when a positive order, special or general, has been issu(^d to that effect, 

70. The use of poison in any manner, be it to poison wells, or food, or arms, is 
wholly excluded from modern warfare. He that uses it puts himself out of the pale 
of the law and usages of war. 

71. Whoever intentionally inflicts additional wounds on an enemy already wholly 
disabled, or kills such an enemy, or who orders or encourages soldiers to do so, 
shall suffer death, if duly convicted, whether he belongs to the Army of the United 
States, or is an enemy cai)tured after having committed his misdeed. 

72. Money and other valuables on the person of a prisoner, such as watches or 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 29 

jewelry, as well as extra clothing, are regarded by the American Army as the private 
property of the prisoner, and the appropriation of such valuables or money is con- 
sidered dishonorable, and is prohibited. 

Nevertheless, if large sums are found upon the persons of prisoners or in their 
possession, they shall be taken from them, and the surplus, after providing for their 
own support, appropriated for the use of the army, under the direction of the com- 
mander, unless otherwise ordered by the government. Nor can prisoners claim as 
private property large sums found and captured in their trains, although they have 
been placed in the private luggage of the prisoners. 

73. All officers, when captured, must surrender their side arms to the captor. 
They may be restored to the prisoner in marked cases, by the commander, to signal- 
ize admiration of his distinguished bravery or approbation of his humane treatment 
of prisoners before his capture. The captured officer to whom they may be restored 
can not wear them during captivity. 

74. A prisoner of war, being a public enemy, is the prisoner of the government 
and not of the captor. No ransom can be paid by a prisoner of war to his individual 
captor or to any officer in command. The government alone releases captives, 
according to rules prescribed by itself. 

75. Prisoners of war are subject to confinement or imprisonment such as ma}^ be 
deemed necessary on account of safety, but they are to be subjected to no other 
intentional suffering or indignity. The confinement and mode of treating a prisoner 
may be varied during his captivity according to the demands of safety. 

76. Prisoners of war shall be fed upon plain and wholesome food, whenever 
practicable, and treated with humanity. 

They may be required to work for the benefit of the captor's government, accord- 
ing to their rank and condition. 

77. A prisoner of war who escapes maybe shot or otherwise killed in his flight; 
but neither death nor any other punishment shall be inflicted upon him simply for 
his attempt to escape, which the law of war does not consider a crime. Stricter 
means of security shall be used after an unsuccessful attempt at escai^e. 

If, however, a conspiracy is discovered, the purpose of which is a united or gen- 
eral escape, the conspirators may be rigorously punished, even with death; and 
cajDital punishment may also be inflicted upon prisoners of war discovered to have 
plotted rebellion against the authorities of the captors, whether in union with fellow- 
prisoners or other persons. 

78. If prisoners of war, having given no pledge nor made any promise on their 
honor, forcibly or otherwise escape, and are captured again in battle after having 
rejoined their own army, they shall not be punished for their escape, but shall 
be treated as simple prisoners of war, although they will be subjected to stricter 
confinement. 

79. Every captured wounded enemy shall be medically treated, according to the 
ability of the medical staff. 

80. Honorable men, when captured, will abstain from giving to the enemy infor- 
mation concerning their own army, and the modern law of vrar permits no longer 
the use of any violence against prisoners in order to extort the desired information 
or to punish them for having given false information. 

Sectiox IV. — P<rrtimni< — Armed enemies not belonging to the hostile arm;/ — Scouts — 

Armed protders — War rebels.' 

81. Partisans are soldiers armed and wearing the uniform of their army, but be- 
longing to a corps which acts detached from the main body for the puriDOse of mak- 
ing inroads into the territory occupied by the enemy. If captured, they are entitled 
to all the privileges of the prisoner of war. 

82. Men, or squads of men, who commit hostilities, whether by fighting, or inroads 
for destruction or plunder, or by raids of any kind, without commission, without 
being part and portion of the organized liostile army, and without sharing continu- 
ously in the war, but who do so with intermitting returns to their homes and avoca- 
tions, or with the occasional assumption of the sem})lance of peaceful pursuits, di- 
vesting tliemselves of the character or appearance of soldiers — such men, or squads 
of men, are not public enemies, and, therefore, if captured, are not entitled to the 
privileges of prisoners of war, but shall })e treated sunnnarily as highway robl)ers 
or pirates. 

83. Scouts, or single soldiers, if disguised in the dress of the country or in the uni- 
form of the army hostile to their own, employed in obtaining information, if found 
within or lurking about the lines of the captor, are treated as spies, and suffer death. 

84. Armed prowlers, by whatever names tl)ey may be called, or persons of the 
enemy's territory, who steal within the lines of the hostile army for the purpose of 



30 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

robbing, killing, or of destroying bridges, roads, or canals, or of robbing or destroy- 
ing tlie mail, or of cutting the telegraph wires, are not entitled to the privileges of 
the prisoner of war. 

85. War rebels are persons within an occupied territory who rise in arms against 
the occupying or conquering army, or against the authorities established by the 
same. If captured, tliey may suffer death, whether the}^ rise singly, in small or 
large bands, and whether called upon to do so by their own, but expelled, govern- 
ment or not. They are not prisoners of war; nor are they if discovered and secured 
before their conspiracy has matured to an actual rising or armed violence. • 

Section V. — Safe-conduct — Spies — War traitors — Captured messengers — Abuse of the flag 

of truce. 

86. All intercourse between the territories occupied by belligerent armies, whether 
by traffic, by letter, by travel, or in any other way, ceases. This is the general rule, 
to be observed without special proclamation. 

Exceptions to this rule, whether by safe-conduct or permission to trade on a small 
or large scale, or by exchanging mails, or by travel from one territory into the other, 
can take place only according to agreement approved by the government, or by the 
highest military authority. 

Contraventions of this rule are highly punishable. 

87. Ambassadors and all other diplomatic agents of neutral powers accredited to 
the enemy may receive safe-conducts through the territories occupied by the bel- 
ligerents, unless there are military reasons to the contrary, and unless they may 
reach the place of their destination conveniently by another route. It implies no 
international affront if the safe-conduct is declined. Such passes are usually given 
by the supreme authority of the State, and not by subordinate officers. 

88. A spy is a person who secretly, in disguise or under false pretense, seeks infor- 
mation with the intention of communicating it to the enemy. 

The spy is punishable with death by hanging by the neck, w^hether or not he suc- 
ceed in obtaining the information or in conveying it to the enemy. 

89. If a citizen of the United States obtains information in a legitimate manner 
and betrays it to the enemy, be he a military or civil officer or a private citizen, he 
shall suffer death. 

90. A traitor under the law of war, or a war traitor, is a person in a place or dis- 
trict under martial law who, unauthorized by the military commander, gives infor- 
mation of any kind to the enemy or holds intercourse with him. 

91. The war traitor is always severely punished. If his offense consists in betray- 
ing to the enemy anything concerning "the condition, safety, operations, or plans of 
the troops holding or occupying the place or district, his punishment is death. 

92. If the citizen or subject of a country or place invaded or conquered gives infor- 
mation to his own government, from which he is separated by the hostile army, or 
to the army of his government, he is a war traitor, and death is the penalty of his 
offense. 

93. All armies in the field stand in need of guides, and impress them if they can 
not obtain them otherwise. 

94. No person having been forced by the enemy to serve as guide is punishable for 
having done so. 

95. If a citizen of a hostile^and invaded district voluntarily serves as a guide to the 
enemy, or offers to do so, he is deemed a war traitor, and shall suffer death. 

. 96. A citizen serving voluntarily as a guide against his own country commits 
treason, and will be dealt with according to the law of his country. 

97. Guides, when it is clearly proved that they have misled intentionally, may be 
put to death. 

98. All unauthorized or secret communication with the enemy is considered treas- 
onable ])y the law of war. 

Foreign residents in an invaded or occupied territory, or foreign visitors in the 
same, can claim no immunity from this law. They may communicate with foreign 
parts, or with the inhabitants of the hostile country, so far as the military authority 
permits, but no further. Instant expulsion from the occupied territory would be the 
very least punishment for the infraction of this rule. 

99. A messenger carrying written dispatches or verbal messages from one portion 
of the army, or from a besieged place, to another portion of the same army, or its 
government, if armed and in the uniform of his army, and if captured, while doing so^ 
in the territory occupied by the enemy, is treated by the captor as a prisoner of war. 
If not in uniform, nor a soldier, the circumstances connected with his capture must 
determine the disposition that shall be made of him. 

100. A messenger or agent who attempts to steal through the territory occupied by 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 31 

the enemy to further, in any manner, the interests of the enemy, if captured, is not 
entitled to the privileo:es of the prisoner of war, and may be dealt with according to 
the circumstances o' the case. 

101. While deception in war is admitted as a just and necessary means of hostility, 
and is consistent with honorable warfare, the connnon law of war allows even capi- 
tal punishment for clandestine or treacherous attempts to injure an enemy, because 
they are so dangerous and it is so difficult to guard against them. 

1(32. The law of war, like the criminal law regarding other offenses, makes no dif- 
ference on account of the difference of sexes, concerning the spy, the war traitor, or 
the war rebel. 

103. Spies, war traitors, and war rebels are not exchanged according to the com- 
mon law of war. The exchange of such persons w^ould require a special cartel, author- 
ized by the government, or, at a great distance from it, by the chief commander of 
the army in the field. 

104. A successful spy or war traitor; safely returned to his own army, and after- 
wards raptured as an enemy, is not subject to punishment for his acts as a spy or 
war traitor, but he may be held in closer custody as a person individually dangerous. 

Section YI. — Exchange of prisoners — Flags of truce — Flags of protection. 

105. Exchanges of prisoners take place — number for number — rank for rank — 
Avounded for wounded — with added condition for added condition — such, for instance, 
as not to serve for a certain period. 

106. In exchanging prisoners of war, such numbers of persons of inferior rank 
may be substituted as an equivalent for one of superior rank as may be agreed upon 
by cartel, which requires the sanction of the government or of the commander of 
the army in the field. 

107. A prisoner of war is in honor bound truly to state to the captor his rank, and 
he is not to assume a lower rank than belongs to him in order to cause a more ad- 
vantageous exchange, nor a higher rank for the purpose of obtaining better treat- 
ment. 

Offenses to the contrary have been justly punished by the commanders of released 
prisoners, and may be good cause for refusing to release such prisoners. 

108. The surplus number of prisoners of war remaining after an exchange has 
taken place is sometimes released either for the payment of a stipulated sum of 
money, or, in urgent cases, of provision, clothing, or other necessaries. 

Such arrangement, however, requires the sanction of the highest authority. 

109. The exchange of prisoners of w^ar is an act of convenience to both belligerents. 
If no general cartel has been concluded, it can not be demanded by either of them. 
No belligerent is obliged to exchange prisoners of war. 

A cartel is voidable as soon as either party has violated it. 

110. No exchange of prisoners shall be made except after complete capture, and 
after an accurate account of them and a list of the captured officers has been taken. 

111. The bearer of a flag a truce can not insist upon being admitted. He must 
always be admitted with great caution. Unnecessary frequency is carefully to be 
avoided. 

112. If the bearer of a flag of truce offer himself during an engagement, he can be 
admitted as a very rare exception only. It is no breach of good faith to retain such 
flag of truce, if admitted during the engagement. Firing is not required to cease on 
the appearance of a flag of truce in battle. 

113. If the bearer of a flag of truce, presenting himself during an engagement, is 
killed or wounded, it furnishes no ground of complaint whatever. 

If it be discovered and fairly proved that a flag of truce has been abused for sur- 
reptitiously obtaining military knowledge, the bearer of the flag thus abusing his 
sacred character is deemed a spy. 

So sacred is the character of a flag of truce, and so necessary is its sacredness, that 
while its abuse is an especially heinous offense, great caution is requisite, on the 
other hand, in convicting the bearer of a flag of truce as a spy. 

115. It is customary to designate by certain flags (usually yellow) the hospitals in 
places which are shelled, so that the besieging enemy may avoid firing on them. 
The same has been done in battles, when hospitals are situated within the field of 
the engagement. 

116. Honorable belligerents often request that the hospitals within the territory of 
the enemy may be designated, so that they may be spared. 

An honorable belligerent allows himself to be guided by flags or signals of pro- 
tection as much as the contingencies and the necessities of the fight will permit. 

117. It is justly considered an act of bad faith, of infamy or fiendishness, to deceive 



32 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

the enemy by Hags of protection. Such act of bad faith may be good cause for 
refusing to respect sucli Hags. 

118. The besieging belUgerent has sometimes requested the besieged to designate 
the buildings containing collections of works of art, scientific museums, astronomical 
observatories, or precious libraries, so that their destruction may be avoided as much 
as possible. 

Section \ll.~The Parole. 

119. Prisoners of war may be released from captivity by exchange and, under some 
circumstances, also by parole. 

120. The term parole designates the pledge of individual good faith and honor to 
do, or to omit doing, certain acts after he who gives his parole shall have been dis- 
missed, wholly or partially, from the power of the captor. 

121. The pledge of the parole is always an individual, but not a private act. 

122. The parole applies chiefly to prisoners of war whom the captor allows to 
return to their country, or to live in greater freedom within the captor's country or 
territory, on conditions stated in the parole. 

123. Eelease of prisoners of war by exchange is the general rule; release by parole 
is the exception. 

124. Breaking the parole is punished with death when the j^erson breaking the 
parole is captured again. 

Accurate lists, therefore, of the paroled persons must be kept by the belligerents. 

125. When paroles are given and received, there must be an exchange of two 
written documents, in which the name and rank of the paroled individuals are 
accurately and truthfully stated. 

126. Commissioned officers only are allowed to give their parole, and they can 
give it only with the permission oi their superior, as long as a superior in rank is 
within reach. 

127. No noncommissioned officer or private can give his parole except through an 
officer. Individual paroles not given through an officer are not only void, but sub- 
ject the individuals giving them to the punishment of death as deserters. The onlv 
admissible exception is where individuals, properly separated from their commands, 
have suffered long confinement without the possibility of being paroled through an 
officer. 

128. No paroling on the battlefield; no paroling of entire bodies of troops after a 
battle; and no dismissal of large numbers of prisoners, with a general declaration 
that they are paroled, is permitted, or of any value. 

129. In capitulations for the surrender of strong places or fortified camps the com- 
manding officer, in cases of urgent necessity, may agree that the troops under his 
command shall not fight again during the war, unless exchanged. 

130. The usual pledge given in the parole is not to serve during the existing war, 
unless exchanged. 

This pledge refers only to the active service in the field, against the paroling bellig- 
erent or his allies actively engaged in the same war. These cases of breaking the 
parole are patent acts, and can be visited with the punishment of death; but the 
pledge does not refer to internal service, such as recruiting or drilling the recruits, 
fortifying places not besieged, quelling civil commotions, fighting against belligerents 
unconnected with the paroling belligerents, or to civil or diplomatic service for 
which the paroled officer may be employed. 

131. If the government does not approve of the parole, the paroled officer must 
return into captivity, and should the enemy refuse to receive him he is free of his 
parole. 

132. A belligerent government may declare, by a general order, whether it will 
allow paroling, and on what conditions it will allow it. Such order is communicated 
to the enemy. 

133. No prisoner of war can be forced by the hostile government to parole himself, 
and no government is obliged to pai'ole prisoners of war, or to parole all captured 
officers if it paroles any. As the pledging of the parole is an individual act, so is 
paroling, on the other hand, an act of choice on the part of the belligerent. 

13-1. The commander of an occupying army may require of the civil officers of the 
enemy, and of its citizens, any pledge he may consider necessary for the safety or 
security of his army, and upon their failure to give it he may arrest, confine, or 
detain them. 

Section VIII. — Arm istice — Capitulation. 

135. An armistice is the cessation of active hostilities for a period agreed between 
belligerents. It must be agreed upon in writing and duly ratified by the highest 
authorities of the contending parties. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 33 

136. If an armistice be declared, without conditions, it extends no further than to 
require a total cessation of hostilities along the front of both belligerents. 

If conditions be agreed upon they should be clearly expressed, and must be rigidly 
adhered to by both parties. If either party violates any express condition, the 
armistice may be declared null and void by the other. 

137. An armistice may be general, and valid for all points and lines of the belliger- 
ents, or special — that is, referring to certain troops or certain localities only. 

An armistice may be concluded for a definitf^ time or for an indefinite time, dur- 
ing which either belligerent may resume hostilities on giving the notice agreed upon 
to the other. 

138. The motives which induce the one or the other belligerent to conclude an 
armistice, whether it be expected to be preliminary to a treaty of peace or to 
prepare during the armistice for a more vigorous prosecution of the war, does in no 
way affect the character of the armistice itself. 

139. An armistice is binding upon the belligerents from the day of the agreed 
commencement; h\it the officers of the armies are responsible from the day only 
w^hen they receive official information of its existence. 

140. Commanding officers have the right to conclude armistices binding on the 
district over which their command extends, but such armistice is subject to the rati- 
fication of the superior authority, and ceases so soon as it is made known to the 
enemy that the armistice is not ratified, even if a certain time for the elapsing 
between giving notice of cessation and the resumption of hostilities should have 
been stipulated for. 

141. It is incumbent upon the contracting parties of an armistice to stipulate what 
intercourse of persons or traffic between the inhabitants of the territories occupied 
by the hostile armies shall be allowed, if any. 

If nothing is stipulated the intercourse remains suspended, as during actual hos- 
tilities. 

142. An armistice is not a partial or a temporary peace; it is only the suspension of 
military operations to the extent agreed upon by the parties. 

143. When an armistice is concluded between a fortified place and the army 
besieging it, it is agreed by all the authorities on this subject that the besieger must 
cease all extension, perfection, or advance of his attacking works as much so as from 
attacks by main force. 

But as there is a difference of opinion amoug martial jurists, whether the besieged 
have the right to repair breaches or to erect new works of defense within the place 
during an armistice, this point should be determined by express agreement betv\'een 
the parties. 

144. So soon as a capitulation is signed, the capitulator has no right to demolish, 
destroy, or injure the works, arms, stores, or ammunition, in his possession, during 
the time which elapses between the signing and the execution of the capitulation, 
unless otherwise stipulated in the same. 

145. When an armistice is clearly broken by one of the parties, the other party is 
released from all obligation to observe it. 

146. Prisoners taken in the act of breaking an armistice must be treated as prison- 
ers of war, the officer alone being responsible who gives the order for such a viola- 
lation of an armistice. The highest authority of the belligerent aggrieved may 
demand redress for the infraction of an armistice. 

147. Belligerents sometimes conclude an armistice while their plenipotentiaries 
are met to discuss the conditions of a treaty of peace; but plenipotentiaries may 
meet without a preliminary armistice; in the latter case, the war is carried on 
without any abatement. 

Sectio X IX. — Assassination. 

148. The law of war does not allow proclaiming either an individual belonging to 
the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who 
may be slain without trial by any captor, any more than the modern law of peace 
allows such intentional outlawry; on the contrary, it abhors such outrage. The 
sternest retaliation should follow the murder committed in consequence of such 
proclamation, made by whatever authority; civilized nations look with horror upon 
offers of rewards for the assassination of enemies as relapses into barbarism, 

Sectio X X . — In surred ion — Civil War — Rebellion. 

149. Insurrection is the rising of people in arms against their government, or a 
portion of it, or against one or more of its laws, or against an officer or officers of the 
government. It may be confined to mere armed resistance, or it may have greater 
ends in view. 

S. Doc. 205, pt 1 3 



34 CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 

150. Civil war is war between two or more portions of a country or state, each 
contending for the mastery of the whole, and each claiming to be' the legitimate 
government. The term is also sometimes applied to war of rebellion, when the 
rebellions provinces or portions of the state are contiguous to those containing the 
seat of government. 

151. The term rebellion is applied to an insurrection of large extent, and is usually 
a war between the legitimate government of a country and portions of provinces of 
the same who seek to throw off their allegiance to it and set up a government of 
their own. 

152. When humanity induces the adoption of the rules of regular war toward 
rebels, whether the adoption is partial or entire, it does in no way whatever imply 
a partial or complete acknowledgment of their government, if they have set up one, 
or of them, as an independent and sovereign power. Neutrals have no right to make 
the adoption of the rules of war by the assailed government toward rebels the ground 
of their own acknowledgment of the revolted people as an independent power. 

153. Treating captured rebels as prisoners of war, exchanging them, concluding of 
cartels, capitulations, or other warlike agreements with them ; addressing officers of 
a rebel army by the rank they may have in the same; accepting flags of truce; or, on 
the other hand, proclaiming martial law in their territory, or levying war taxes or 
forced loans, or doing an}' other act sanctioned or demanded by the law and usages 
of public war between sovereign belligerents, neither proves nor establishes an 
acknowledgment of the rebellious people, or of the government which they may 
have erected, as a public or sovereign power. Nor does the adoption of the rules of 
war toward rebels imply an engagement with them extending beyond the limits of 
these rules. It is victory in the field that ends the strife and settles the future rela- 
tions between the contending parties. 

154. Treating, in the field, the rebellious enemy according to the law and usages of 
war has never prevented the legitimate government from trying the leaders of the 
rebellion or chief rebels for high treason, and from treating t'hem accordingly, unless 
they are included in a general amnesty. 

155. All enemies in regular war are divided into two general classes — that is to say, 
into combatants and noncombatants, or unarmed citizens of the hostile government. 

The military commander of the legitimate government, in a war of rebellion, dis- 
tinguishes between the loyal citizen in the revolted portion of the country and the 
disloyal citizen. The disloyal citizens may further be classified into those citizens 
known to sympathize with the rebellion without positively aiding it, and those who, 
without taking up arms, give positive aid and comfort to the rebellious enemy with- 
out being bodily forced thereto. 

156. Common justice and plain expediency require that the military commander 
protect the manifestly loyal citizens, in revolted territories, against the hardships of 
the war as much as the common misfortune of all war admits. 

The commander will throw the burden of the war, as much as lies within his 
power, on the disloyal citizens of the revolted portion or province, subjecting them 
to a stricter police than the noncombatant enemies have to suffer in regular war; and 
if he deems it appropriate, or if his government demands of him that every citizen 
shall, by an oath of allegiance, or by some other manifest act, declare his fidelity to 
the legitimate government, he may expel, transfer, imprison, or fine the revolted 
citizens who refuse to pledge themselves anew as citizens obedient to the law and 
loyal to the government. 

Whether it is expedient to do so, and whether reliance can be placed upon such 
oaths, the commander or his government have the right to decide. 

157. Armed or unarmed resistance by citizens of the United States against the 
lawful movements of their troops is levying war against the United States, and is 
therefore treason. 



Exhibit E. 

General Orders, ] Headquarters First Brigade, 

[ U. S. Expeditionary Forces, 

No. -4. j Cavite Arsenal, P. I., July o, 1898. 

1. The attention of all officers of this command is especially invited to paragraphs 
68 to 78, inclusive, "Troops in campaign." 

These provisions relate to pillaging, looting, and general misconduct in time of vjar. 
They relate to public as well as to private property. The desecration of churches is 
particularly offensive and will be vigorously punished. Unlawful appropriation is 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 35 

theft in war as well as peace, and the oppression of noncombatants is cowardly and 
meaii. Such conduct changes friends to enemies. Its worse feature is that it demor- 
alizes any command in which it prevails. Such misconduct on the part of our sol- 
diers is particular!}' odious, for every soldier in his degree is responsible for his 
country's honor. The merit of these regulations is not in their promulgation, but 
enforcement. 

2. This order and the paragraphs cited will be read and explained by commanding 
officers of regiments and separate commands to their officers; and each company 
commander and squad leader will read and explain the order and paragraphs to their 
respective commands daily for one week after receipt. 

By command of Brigadier-General Anderson: 

[seal.] Hexry p. McCain, 

First Lieutenant and Adjutant Fourteenth Infantry, 

Acting Assista7it Adjutant- General. 

Adjutant-General's Office, 

Febimary 3, 1902. 

Troops in campaign. 
Article VI. 



68. When the needs of the Army absolutely require it, and in other cases, under 
special instructions from the War Department, the General Commanding the Army 
may make requisitions, in money or kind, on the enemy's country occujjied by the 
troops. No other officer can levy contributions or make requisitions, except under 
special authority from the War Department. 

69. All property, public or private, lawfully taken from the enemy, or from the 
inhabitants of an enemy's country, by the forces of the United States instantly 
becomes the public property of the United States, and must be accounted for as such. 
Property captured, or taken by way of requisition, belongs to the United States, and 
can not, under any circumstances, be appropriated to individual l^enefit. 

70. Officers will be held strictly responsible that all property taken from alleged 
enemies by them, or with their authority, is inventoried and duly accounted for. If 
the property taken can be claimed as private, receipts must be given to the claimants 
or their agents, and it must be accounted for in the same manner as public property. 

71. When a foraging party is sent out for provisions or other stores, the command- 
ing officer will be held accountable for the conduct of his command, and that a true 
report is made of all property taken. 

72. No officer or soldier shall, without authority, leave his colors or ranks to pil- 
lage, or enter a private house for that purpose. All such acts are punishable with 
death, and any officer who shall permit them will be held equally guilty with the 
actual pillager. 

73. It is forbidden to purchase horses without ascertaining the right of the party 
to sell. Stolen horses shall be restored. Estrays in the enemy's country, when the 
owners are not discovered, will be taken for the Army. 

74. Neither officers nor soldiers are allowed to make use of their positions or power 
in the enemy's country for private gain, even for commercial transactions otherwise 
legitimate. Offenses to the contrary committed by commissioned officers will be 
punished with cashiering, or such other punishments as the nature of the offense 
may require; if by soldiers, they shall be punished according to the nature of the 
offense. 

75. All wanton violence committed against persons in the invaded country may be 
punished with the death of the offender, or such other punishment may be inflicted 
as may l^e deemed adequate to the gravity of the offense. Any officer or enlisted 
man committing such violence and disobeying a superior ordering him to abstain 
therefrom may be lawfully killed on the spot by such superior. 

General Orders, \ Hdqrs. Dept. of the Pacific and Eighth Army Corps, 

No. 3. i Manila Bay, P. I., August 9, 1898. 

In view of the extraordinary conditions under which this army is operating, the 
commanding general desires to acquaint the officers and men composing it with the 
expectations which he entertains as to their conduct. You are assembled upon for- 
eign soil, situated within the western confines of a vast ocean separating you from 
your native land. \"ou have come not as despoilers and oppressors, but simply as the 



36 CH.ARGES OF CRUELTY, ETC., TO FILIPINOS. 

instruments of a strong, free Government, u'hose purjjoses are beneficent, and which has 
declared itseh' in this war the champion of those oppressed by Spanish misrule.' 

It is therefore the intentions of this order to appeal directly to your pride in your 
position as representatives of a high civilization in the hope and with the firm convic- 
tion that you will so conduct yourselves in your relations ivitJi the inhabitants of these 
islands as to convince them of the lofty nature of the mission which you have come 
to execute. 

It is not believed that any acts of pillage, rapine, or violence will be committed by 
soldiers or others in the employ of the United States; but should there be persons 
with this command who prove themselves unworthy of this confidence their acts will 
be considered not only as crimes against the sufferers, but as direct insult to the United 
States flag, and they ivill be punished on the spot with the maximum penalties known to 
military law. 

By command of Major-General Merritt: 

J. B. Babcock, Adjutant- General. 

General Orders, \ Headquarters First Division, Eighth Army Corps, 

No. 7. J Cavite Arsenal, P. I., September 5, 1898. 

1. The attention of all officers of this command is especially invited to paragraphs 
68 to 78, inclusive, " Troops in campaign." 

These provisions relate to pillaging, looting, and general misconduct in time of 
war. They relate to public as well as to private property. The desecration of 
churches is particularly offensive and will be vigorously punished. 

Unlawful appropriation is theft in war as well as peace, and the oppression of non- 
combatants is cowardly and mean. 

Such conduct changes friends to enemies. Its worst feature is that it demoralizes 
any command in which it prevails. 

Such misconduct on the part of our soldiers is particularly odious, for every soldier 
in his degree is responsible for his country's honor. 

The merit of these regulations is not in their promulgation, but in their enforce- 
ment. 

2. This order and the paragraphs cited will be read and explained by commanding 
oflicers of regiments and separate commands to their ofiicers, and each company com- 
mander and squad leader will read and explain the order and paragraphs to their 
respective commands daily for one week after receipt. 

By command of Brigadier-General Anderson: 

Elmer W. Clark, 
Second Lieutenant, Fourteenth Infantry, Acting Assistant Adjutant- Genercd. 

[Circular No. 1.] 

Headquarters First Division, Eighth Army Corps, 

Manila, P. I., January 31, 1899. 

The following copy of a wrapper indorsement from Headquarters Department of 
the Pacific and Eighth Army Corps, inclosing a number of accounts due merchants 
of Manila by certain enlisted men of the division, is published for compliance therewith: 

Hdqrs. Dept. of the Pacific and Eighth Army Corps, 

Manila, P. I. , January 28, 1899. 

Respectfully referred to the commanding general First Division, Eighth Army 
Corps, for investigation, action, and report. 

By taking advantage of the ignorance and trust of numerous native tradesmen of 
Manila, many enlisted men of this command have seriously injured the reputation 
of the citizens of the United States for honesty. These unscrupulous men, instead of 
insuring the rights and property of a defenseless people under their protection, have 
resorted to a despicable siDecies of robbery more dangerous than looting, because less 
open. This should be corrected. Company commanders will be instructed to see to 
it that just bills due native tradesmen by men of their commands are paid, collecting 
at the pay table, if necessary, the sums owed. 
By command of Major-General Otis: 

Thomas H. Barry, 
Assistant Adjutant- General. 
By command of Major-General Anderson: 

Henry C. Cabell, 
Assistant Adjutant- General, U. S. Volunteers. 
Adjutant-General's Office, 

February 5, 1902. 



CHARGES OF CRUELTY. ETC., TO FILIPINOS. 37 

General Orders, ^ Headquarters Department of the Pacific 

y AND Eighth Army Corps, 

^'o. 3. j Mamla, P. J., Fehrurmj 7, 1899. 

The burning of the houses or other property of the natives or other inhabitants of 
this island is prohibited, unless the same be used as shelter for the enemy or as 
places of concealment of contraband of war. The seizing of houses, carriages, carro- 
matos, or wagons of any description by the troops or others belonging to this com- 
mand is not authorized, except under great emergency, when receipts will be given 
therefor. 

The lives and property of the inhabitants, native and foreign, will be protected, 
and they will be permitted to pursue their ordinary vocations without molestation. 

By command of Major-General Otis: 

Thomas H. Barry, 
Assistant Adjutant- General. 

General Orders, ) Headquarters Department of the Pacific 

V and Eighth Army Corps, 

Xo. 15. J Mrim1a,P.L, March 19,1899. 

I. In view of the prevalence of the disease of glanders and its apparent increase 
among the horses in this city, it is ordered that all horses in Government service and 
those belonging to citizens of Manila which show symptoms of the disease be sent 
immediately upon discovery to the quartermaster's corral, walled city, for examina- 
tion by the veterinary surgeon. Horses which upon rigid examination are found to 
have contracted the disease will be disposed of under the directions of the transpor- 
tation quartermaster. The provost guard will endeavor to send to the corral all sus- 
picious cases of glanders discovered by it anywhere within the city. 

II. Commanding generals of divisions will make renewed effort to impress upon 
the troops of their commands the necessity of exercising the greatest vigilance to 
insure the protection and preservation of private ])roperty, not only in this city, but 
wherever the}' may be quartered or may be acting, either offensively or defensively 
The burning or looting of houses or buildings of any description or the abuse of 
unarmed citizens on the part of the troops will be punished with the utmost severity 
known to military law. Individual soldiers detected in committing such crimes will 
be promptly arrested, and in case they attempt to escape will be shot. The seizing 
of street vehicles by enlisted men for any purpose whatsoever is prohibited. 

By command of Major-General Otis: 

Thomas H. Barry, 
Assi.stard Adjutant- General. 

General Orders, 1^ Headquarters First Division, Eighth Army Corps. 

Xo. 31. J Manila, P. L, August 23, 1899. 

To insure adequate protection to private property and proper reparation to injured 
parties, the attention of all officers of this command is directed to the following 
extract from General Orders, Xo. 35, of the 'War Department, of 1868, and full com- 
pliance with the practice therein foiTuulated is enjoined upon all concerned: 

"Under the fifty-fourth of the Rules and Articles of War it is made the duty of 
commanding officers to see reparation made to the party or parties injured from "the 
pay of soldiers who are guilty of abuses or disorders committed against citizens. 

"Upon proper representation of any citizen of vxrnton injury to his person or property, 
accompanied by satisfactory proof, the commanding officer of the troops will cause 
the damage to be assessed by a board of officers, the amount stopped against the pay 
of the offenders, and reparation made to the injured party. This proceeding will be 
independent of any trial or sentence by court-martial for'the criminal offense." 

The method of procedure is clearly set forth in AVinthrop's Military Law, page 
1019 and following, and will be duly observed in such cases as may arise. 

In addition to this action, charges will be preferred against the guilty parties for 
the criminal offense. 

By command of Major-General Lawton: 

Clarence R. Edwards, 
Assistant Adjutant- Gen eral . 

Adjutant-General's Office, 

February 6, 1902. 

Field Orders) Headquarters Second Division, Eighth Army Corps, 

Xo. 2. i Malolos, P. 1., April 2, 1899. 

I. ]Many of the citizens of Malolos and other towns in the vicinity desire to return 
to their abandoned houses within the hues of the Armv. 



38 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

The interests of the United States Avill be" subserved by encouraging this disposition 
on the part of the natives in every way consistent with military interests. 

All officers and soldiers are therefore urged to contribute to the end in view by 
considerate and kind treatment of these people, who are now part of and under the 
protection of the United States. 

The controlling insurgent authorities have persistently represented the American 
soldiers as turbulent, undisciplined, and given to gross and licentious excesses upon helpless- 
people. 

In order to eradicate the effects of such mendacious misrepresentations it is especially 
necessary that all concerned should sedulously abstain from practices in any way cal- 
culated to annoy or engender the feelings of timidity or mistrust. 

Unarmed natives will be permitted to enter our lines at all times during the day, 
with a view to the resumption of their usual avocations and occupancy of their 
houses. 

By command of Major-General Mac Arthur: 

Putnam Bradley Strong, 

Assistant A djutant- General. 

A true copy. 

Benj, Alvord, 
Captain, Twentieth Infantry, Aid, Acting Adjutant- General. 

Field Orders, ) Headquarters Second Division, Eighth Ar^^iy Corps, 

No. 26. J Malolos, P. L, April 22, 1899. 

It is believed that the enemy in considerable force intends to defend the town joi 
Calumpit, the center of the first line of resistance being the railroad track crossing the 
Bagbag Eiver, and extending to the right and left along the thither banks of the 
Quingua, Calumpit, and Bagbag rivers. A second line is undoubtedly located along 
the Rio Grande. 

* * . ^ ^ -jt * * 

VII. The purpose of the United States in these islands is beneficent. It is therefore 
one of the most important duties of American soldiers to assist in establishing friendly 
relations with the natives by hind and considerate treatment in all matters arising from, 
personal contact. To exasperate individuals, or to burn or loot unprotected and 
abandoned houses or property is not criminal in itself, but tends to impede the policy 
of the United States and to defeat the very purpose which the Army is here to accom- 
plish. All concerned are accordingly strictly charged to j)ractice becoming self- 
restraint in the premises, and it is made the special duty of all officers to prevent 
thoughtless and ignorant men from indulging in any of the practices enumerated, 
and to take necessary action to secure adequate punishment as prescribed by the 
Articles of War in the event of overt acts being committed by any member of the 
command, either during the contemplated actions against Calumpit or thereafter 
throughout the campaign. 

VIII. When in hostile contact with the enemy an adversary with arms in his 
hands must be killed, if possible; but a wounded or surrendered opponent, who is' 
incapable of doing any injury, is entitled to the most cordial courtesy and kindness. 
Any departures from the well-established amenities of the battlefield or the lau-s of vxir must 
and u'ill be punished according to the nature of the case to the full extent of the law. 



By command of Major-General Mac Arthur: 



Putnam Bradley Strong, 

Assistant Adjutant- General. 



General Orders, ^ Headquarters Third Brigade, 

V First Division, Eighth Army Corps, 

Xo. 5. j El Deposito, Luzon, P. L, August 9, 1899. 

I. It having been reported to the brigade commander that a number of cases of 
looting, robbery, and other raiscoaduct on the part of United States troops have 
recently taken place, attention is again invited to the existing orders in regard to 
such acts. 

All officers, and especially battalion commanders, will introduce into their com- 
mands such a system of rigid discipline as will effectually prevent the occurrence of 
such acts as those mentioned above, and any others which tend to disgrace the fair 
name of the officers and men of the Army of the United States. 

Every effort will be made to detect and punish any case of looting, robbery, extor- 
tion, and especially any case where a sentinel has (as has been reported) accepted 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 39 

money as bribe for violating his orders and permitting unauthorized persons to pass 
through the Hnes. 

Officers commanding battahons and companies will be held to a most rigid respon- 
sibility as to the commission of the above acts by any men of their respective 
commands. 

II. The following regulations in regard to the lines of this brigade will be strictly 
enforced: 

(1) ISIo rice or other food product will pass the lines toward the front except in the 
following cases: 

(«) When the bearer is provided with a pass from corps, division, or brigade head- 
quarters, the pass to state specifically what is to be carried through. 

(6) Persons who are engaged in selling food to the troops, or in carrying food 
products to the city, may carry out a small supply of the actual necessities of life, but 
in this case officers must satisfy themselves that, without a doubt, the persons are 
legitimately engaged in the traffic mentioned. 

( 2) No male person whatsoever shall pass the lines in either direction except when 
provided with a pass from corps, division, or brigade headquarters. 

(3) No contraband of war shall pass the lines. Contraband of war is defined as 
follows for the lines of this brigade: Any article that could give aid and comfort to 
the enemy. 

(4) When persons appear at the lines armed with passes from corps, division, or 
brigade headquarters authorizing them (to) carry out any kind of merchandise, care 
will be taken that only the amount mentioned shall be taken out. A memorandum 
will be made of every such pass, giving its source, date, name of bearer, and the 
amount carried out. 

(5) Passes signed by the captain of the port, except those for water traffic, will not 
be honored unless approved at corps, division, or brigade headquarters. 

By command of Brigadier General Young: 

E. B. Cassatt, 
Major, Twenty-seventh Infantry Volunteers, 

Acting Adjutant- General. 
Adjutant-General's Office, February 6, 1902. 

Field Orders, ] Headquarters Provisional Bric^ade, 

\ First Division, Eighth Army Corps, 

No. 2. J Arayat, October 12, 1899. 

Maj. J. A. Augur, Fourth Cavalry, is hereby detailed provost-marshal of Arayat. 

Commanding officers of organizations will furnish him with the necessary guards 
called for by him for the protection of property and the prevention of looting by the 
soldiers of this brigade. 

Complaints of looting have already been received. It is believed that company 
commanders do not exercise sufficient control over their men, or such disgraceful 
acts could not occur. It is forbidden for any enlisted man to enter any residence, 
occupied or vacant, unless by authority of a commissioned officer, for some purpose 
necessary to the service. 

By command of Brigadier-General Young: 

W. R. Smedberg, Jr., 
First Lieutenant, Fourth Cavalry, A, Aid-de-camp. 

Adjutant-General's Office, February 6, 1902. 

General Field Orders, "j Headquarters First Division, 

[■ Eighth Army Corps, 

No. 50. J In the Field, Tayug, November 27, 1899. 

The circumstances and conditions which justified the seizing of material and sup- 
plies and the impressing of labor and transportation from the inhabitants of the 
country through which this command has recently been operating no longer exist- 
ing, such practices will immediately cease. In future all labor, material, and sup- 
plies will be procured in the usual and legitimate way. 

Should a temporary or special emergency arise, the commanding officer on the 
spot for the time being will give written orders setting forth the emergency and 
necessity, directing and limiting what labor, material, or property shall be taken, 
stating the parti' ^s and places from which it is taken. A copy of such order will be 
immediately for A'arded to these headquarters. 

All commanding officers of places or stations where troops are being held along the 
line over which this command is or has been operating will immediately take meas- 
ures, by appoiming boards of officers, inspectors, or otherwise, to ascertain and adjust 
all claims for damages or for property or supplies taken or used by the troops. 



40 CHARGES OF CRUELTY. ETC. . TO FILIPINOS. 

The couinianding officer Third Brigade will give this his special attention and will 
cause each officer exercising command along his line to report action taken. 
By command of Major-General Lawton: 

Claeexce R. Edwards, 
Lieutenant-Colonel Forty-seventh Infantry, U. S. Volunteers, 

Acting Assistant Adjutant- General. 

General Orders, ^ Headquarters Bell's Expeditioxary^Beigade, 

y First Drvisiox,..E]t?HfH'A^Y Corps, 

Xo. 3. J Transport Tartar, Fehrftm-y 16, 1900. 

1. The brigade commander directs that the orders of the department commander 
relative to the rights of peaceable citizens, appropriating of the property of any 
peaceable citizen, and entering the houses of any of the natives, except in the execu- 
tion of orders, be rigidly enforced in this command. Anyone \dolating these orders 
will be severely dealt with. 

All cases of violation of these orders will be reported promptly to these head- 
quarters by the offender's immediate commanders. 

2. In appropriating houses for the use of troops as may become necessary during 
the military operations, the commanding officei^s of the various columns operating in 
the field will see that it is done with as little inconvenience to and deprivation of 
the peaceable citizens as is consistent with the comfort of the troops. 

3. When it becomes necessary for troops operating in the field to supplv them- 
selves from the resources of the country with rations and other supplies, receipts will 
invariably be given to the owners of the property when ownership is clearly estab- 
lished. In cases where the ownership is doubtful no receipt will be given, but a 
memorandum showing date, place, and quantity of stores taken will l^e kept by the 
commanding officer or a member of his staff and forwarded to brigade headquarters 
as early as possible. 

By command of Brigadier-General Bell: 

Peter Ml^rray, 
Captain. Figlitetnth Infantry, 

Acting Assistaiit Adjutant-General. 
Adjutaxt-General's Office, February 6, 1902. 

Circular \ Headquarters District of Southeasterx Luzox, 

Xo. 4. J ■ Xutva Caceres, P. I, April 2S, 1900. 

The troops of this district will exercise the greatest care and judgment in firing 
upon natives, in order that they may not fire upon women and children. The pro- 
miscuous burning of houses must also be avoided, and only such structures as are 
used for military purposes, such as storehouses, barracks, or insurrectionary meeting 
places, together with all food supplies, clothing, arms, and munitions of war intended 
for the use and subsistence of insurgents, will be destroyed. 
By command of Brigadier-General Bell: 

Peter Murray, 
Captain, Eighteenth Infantry, 

Acting Assistant Adjutant- General: 

Adjutaxt-Gexeral's Office, February 5, 1902. 

Gexeral Orders, \ Headquarters Departmext of Southerx Luzox. 

Xo. 24. J Manila, P. L, June 5, 1900. 

Rumors ha^dng reached these headquarters to the effect that mijustifiably harsh 
measures have been employed in some instances to extort information from captured 
ladrones, officers of this command are reminded that General Orders, Xo. 100, War 
Department, series 1863, provide ample and lawful methods for the treatment of pris- 
oners, spies, and other persons not entitled to the rights of recognized belligerents, 
and all departures from the provisions of said orders are strictly prohibited. 

While it is not lielieved that any officer of this command would, either openly or 
indirectly, sanction any unmerciful acts, and still less that he would deliberately order 
them, all persons in the military service in this department are nevertheless warned 
that no end can be so desirable or important as to justify a departure from the recog- 
nized laws of war or a resort to any deliberate measures of cruelty. 
By command of Major-General Bates: 

Arthur L. Wagxer, 
Assistant Ad.utant-C^eneral. 
Official: 

H. M. Reeve, 

Aid-de-Carnp. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 41 

[Circular No. 6.] 

Headquarters Second District, 

Department of the Visayas, 
Cebu, Cebu, P. I., Jime 20, 1900. 

No house 01* other property will be seized or destroyed by this command except 
■where there is reason to believe the insurgents intend to use the same. 

The greatest care will be exercised to avoid firing upon natives not in arms against 
the United States. 

Food supplies captured from the enemy will be transferred, by the impressed aid 
of natives if necessary, to the nearest military station, or other desirable locality, for 
distribution to the poor. A special and detailed report will be made in every 
instance where property is seized or destroyed and a native killed or wounded. 

This order will be read, on its receipt, to every company and separate detachment 
in this command, and thereafter at retreat on the first Sunday in each month, unless 
the company or detachment be in the field, in which case it will be read at retreat 
on the day succeeding the return of the company or detachment to its station. 

Officers in command of scouting parties will prevent their men entering houses 
except when ordered by an officer to enter on duty. 

Subdistrict commanders will rigidly enforce this order. 

By order of Colonel McClernand: 

Frank McIntyre. 
Captain and Adjutant, Xineteenth Infantry, Adjutant- General. 

Adjutant-General's Office, February 6, 1902. 

[Circular No. 3.] 

Headquarters First District. 

Department of the Visayas, 
Tadoban, Leyte, P. L, June 26, 1900. 

1. Reliable information having been received by the district commander that 
native women and children have lately been killed or wounded by indiscriminate 
shooting on the part of troops of this command, the district commander takes occa- 
sion to notify all officers under his command that we are at war with armed insur- 
gents and their supporters only, and that indiscriminate firing upon natives seen in 
the country surrounding towns will not be tolerated. Officers of the district will be 
held directly responsible for the conduct of the men under their commands in this 
respect. 

The district commander wishes it to be distinctly understood that his policy is to 
treat all natives in the district with the utmost kindness and consideration unless it 
is positively known that they are insurgents, or engaged in giving aid to the insur- 
gents. Whenever armed parties of the insurgents are found it is desired that they 
be struck as hard as possible, but under no other circumstances should shooting be 
engaged in unless it is certain that the persons shot at are men and enemies. 

By order of Colonel Murrav: 

E. E. TiLTON, 

Captain and Adjutant, Forty-third Infantry, U. S. Volunteers, Adjutant. 
Adjutant-General's Office, February 5, 1902. 

[Circular No. 6.] 

Headquarters Fifth District, 

Department of Northern Luzon, 

Angeles, P. L, July 14, 1900. 
Owing to a large numl:»er of complaints, reported to these headquarters, of ill 
treatment of natives on the part of scouting parties in this district, commanding 
officers are hereby directed to caution their officers and men against harsh and ille- 
gitimate treatment of natives at all times. A patient perseverance in legitimate 
methods is that policy best calculated to accomplish the desired results in the end. 
Officers and men of this command must distinctly understand that any harsh treat- 
ment of natives will be thoroughly investigated and all guilty persons punished. 
By command of Brigadier-General Grant: 

F. Guv Knabenshue, 
First lieutenant, Fifteenth Infantry, Aid-de-Camp. 

Adjutant-General's Office, February 5, 1902. 



42 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 



Exhibit F. 

Memorandum showing trials of officers, enlisted men, and camp followers for offenses of 
cruelty against natives in the Philippines and for violations of the Laws of War. 



Name and rank. 


Date. 


Offense. 


Sentence. 


Remarks. 


OFFICERS. 










Second Lieut. Wm. M. 


July 23,1899 


Firing into town, 


Reprimand 




Capp, Sixth Artil- 


and looting. 






lery. 










Lieut. Bissell Thomas, 


Dec. —,1899 


Assaulting prison- 


Fine fSOO and rep- 


Punishment inflict- 


Thirty-tifth Volun- 




ers and cruelty. 


rimand. 


ed by Lieutenant 


teer Infantry. 








Thomas was ' ' very 
severe and 
amounted almost 
to acute torture," 
and his actions 
" can not be too 
much deplored 
nor too emphatic- 
ally denounced." 


Second Lieut. Fran- 


Feb. 4, 1900 


Looting and en- 
couraging same. 


Reprimand 




cis J. Ellison, Thir- 








tieth Volunteer In- 










fantry. 










Capt. Is'iah H. Baker, 
Forty-sixth Volun- 


Mar. 2, 1900 


Permitted looting . . 


do 


Sentence set aside by 








reviewing author- 


teer infantry. 








ity as irregular. 


Capt. Geo. W. Bran- 
dle. Twenty- 


May 26,1900 


Torture, by causing 


do 






natives to be 






seyenih Volunteer 




hung by neck for 






Infantry. 




ten seconds. 






Second Lieut. Alyin 


do 


Torture, by causing 
natives to be 


do 


Acquitted as to cru- 


S. Perkins, Twenty- 






elty to (1) Andre 


seventh Volunteer 




hung by neck for 




Bautista, (21 Sim- 


Infantry. 




ten seconds. 




eon Maninill, (3) 
Agaton Grande, 
(4) Pavian de los 
Santos. 


First Lieut. Preston 


Dec. 22,1900 


Killing a prisoner 


To be dismissed and 




Bro^vn, Second In- 




of war. 


confined at hard 




fantry. 






labor for 5 years. 




Capt. John B.Jeff ery, 
assistant quarter- 


Feb. 11 or 12, 


Quitting post to pil- 
lage. 




Acquitted. 


1899. 




master volunteers. 










ENLISTED MEN. 










Walter Turnhull, jr.. 


Feb. — , 1899 


Assaulting native 


Dishonorably dis- 




Company I, Four- 




woman with 


charged, forfeit- 




teenth Infantry. 




bayonet. 


ure of pay and 
allowances, and 3 
years' confine- 
inent. 




John H. Adams, Com- 


June — , 1899 


Robbery 


Dishonorably dis- 




pany L, Thirteenth 






charged, forfeit- 




Infantry 






ure of pay and 
allowances, and 6 
months' confine- 
ment. 




John Ryan, Battery 
M. Sixth Artillery. 


Aug. — , 1899 


Wounding native 
on head with 


Fine $120 












heavy bottle. 






Joseph J. Faust, Com- 
pany M, Seventh 


Oct. — , 1899 


Kicking native wo- 
man in face. 


Fine $60 










Infantry. 










Jas. Henderson, Com- 


Apr. — , 1900 


Robbery and ter- 


Dishonorably dis- 




pany L, Thirteenth 




rorizing natives. 


charged, forfeit- 




Infantry. 






ure of pay, and 1 
year confinement. 




Clarence R. Moore, 


do 


Looting 


Fine S30 and 3 




Company H, Thir- 






months' confine- 




ty-fifth Infanty. 






ment. 




Bruce C.Walsh. Com- 


Mar. —,1901 


Robbery from per- 


Dishonorable dis- 




pany M. Four- 




son. 


charge, forfeiture 




teenth Infantry. 






of pay, and 3 
years' confine- 
ment. 




Jay J. Poffenholtz, 


June — . 1900 


Choking and rob- 


Dishonorable dis- 




Company A, 




bing native wo- 


charge, forfeiture 




Fourth Infantry. 




man. 


of pay, and 5 
years' confine- 
inent. 





CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 43 

Memorandum shovnng trials of officers, enlisted men, etc. — Continued. 



Name and rank. 


Date. 


Offense. 


Sentence. 


Remarks. 


ENLISTED MEN— con- 










tinued. 










Iden L. Gugit, Com- 
pany G, Thirty- 


Aug. —,1900 


Robbery 


Dishonorable dis- 






charge, forfeiture 




fourth Volunteer 






of pay, and 3 




Infantry. 






years' confine- 
ment. 


■ 


Pvt. Phineas Foutz, 


Nov. 15,1900 


Killing native girl 
by stabbing. ■ 


Death 


G. 0. 105, A. G. O., 


Company K, Nine- 




Aug. 7, 1901. 


teenth Infantrv. 










Pvt. Wm. E. Scar- 


Apr. 21,1899 


Rape 


do 


Commuted to 20 


borough, Company 






years, imprison- 


B, Third Infantry. 








ment bv Presi- 
dent. G'. 0. 208, 
A. G. 0., Dec. 16, 
1899. 


Pvt. Otto R. Conine, 


July 24 or 25. 
1899. 


do 


do 


Do. 


Company B, Six- 








teenth Infantry. 










Corpl. Geo. Dan- 
phoffer. Company 


do 


do 


Dishonorable d i s- 
charge, forfeiture 


Confinement com- 






muted to 20 years. 


B, Sixteenth In- 






of pay, and life 


G. 0. 208, A.G.O., 


fantry. 






confinement. 


Dec. 16, 1899. 


Pvt. Peter McBen- 


July 24 or 25, 
1899. 


do 


Death 


Commuted to 20 


nett, Company B, 






years' imprison- 


Sixteenth Infan- 








ment bv Presi- 


try. 








dent. G.O.208,A. 
G. 0., Dec. 16, 1899. 


Pvt. Edward M. Bro- 


Nov. 13, 1900 


Wantonly killed a 


Dishonorable dis- 


G. 0. 7, Department 


die. Troop C, Third 




native boy. 


charge, forfeiture 


of Northern Lu- 


Cavalry. 






of pay, and life 
confinement. 


zon, Feb. 18,1901. 


Pvt. Jas. F. Coffev. 


do 


do 


do 


Do. 


Troop C. Third 










Cavalry. 










Pvt. William Victor, 


Jan. 10,1901 


Rape of 14-year-old 


Dishonorable dis- 


G. 0. 14, Department 


Troop H, Ninth 




native girl. 


charge, forfeiture 


of Southern Lu- 


Cavalry. 






of pay, and 20 
year s' confine- 
ment. 


zon, Feb. 5, 1901. " 


Musician Julius Ar- 


Jan. 15,1900 


Insulting and kill- 


Dishonorable dis- 


G. 0. 9, headquar- 


nold, Company M. 




ing native wo- 


charge, forfeit- 


ters provost-mar- 


Twentv-fifth Infan- 




man. 


ure of pay, and 


shal-general, Ma- 


try. 






life confinement. 


nila, April 25,1900. 


William Clay, Com- 


June —,1901 


Assault and battery 


Dishonorable dis- 




pany A, Twenty 




on native wo- 


charge, forfeit- 




fourth Infantry. 




man. 


ure of pay, and 1 
year confine- 
ment. 




Henry Bruce, Com- 


Aug. —,1901 


Assault on natives. 


Fine $20 and 2 




pany A, Twenty- 




including a 


months' confine- 




fifth Infantry. 




young girl. 


ment. 




CIVILIANS. 










William Harvey, re- 


Feb. —,1901 


Raping native 60 


Confinement for 10 




tainer. 




years old. 


vears. 




Robert Porter, civil- 


Dec. 10,1899 


Rape and other as- 
sault. 


Death 


Commuted to 20 


ian employee 




years' confine- 


quartermasters' 








ment. General 


department. 








Orders, 37, Adju- 
tant-General's Of- 
fice, Mar. 27, 1900. 


Geo. A. Raymond, 


Mav 7 to 9, 
1901. 


Murder, rape, rob- 
bery, and general 


do 


General Orders, 240, 


civilian. 




Division of Philip- 






outlawry. 




pines, Aug. 29, 
1901. 


Harry Cline, team- 


Apr. 8, 1901 


Murder and assault 
with intent to kill. 


do 


General Orders, 239, 


ster. 




Division of Philip- 








■ 


pines, Aug. 24, 










1901. 


SCOUTS. 










Segundo Arcella, na- 


June 6, 1900. 


Rape and abduc- 


To be hanged 




tive scout. 




tion. 






Pasquinto de Leon, 


Dec. 1.5, 1900. 


Murder, communi- 
cating with and 


do 




native scout. 










relieving enemy. 







44 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Memornndum sJiowiug trials of officers, enlisted men, etc. — Continued. 



Name and rank. 


Date. 


Offense. 


Sentence. 


Remarks. 


ENLISTED MEX. 












Private John Allen, 


Jan. 20, 1901. 

Aug, —,1898 
July —1900 

Oct. — ,1899 
Feb. —1900 

Aug. —.1900 
Apr. —.1900 
Feb. —.1901 

Mar. —1901 
do 


Murder 


Dishonorable dis- 
charge, forfeiture 
of pay. and 20 
years'" confine- 
ment. 

Fine SIO and 2 
months' confine- 
ment. 

Dishonorable dis- 
charge, forfeiture 
of pay, and 1 year 
confinement.' 

Death 


Commuted to 
years' confii 
ment. 

Commuted to 
years' confii 
inent. 




Company I. Thirty- 
se^-ond Infantry 
Volunteers. 

A. Dobbv, Companv 


Looting 




F. First Wyoming 
Volunteers." 
John S. Anderson, 


do 




Company A. Third 
Infantry. 

Frank Miller, Com- 


Rape 


•>n 


pany I, Twenty- 
third Infantry. 
Alvin S. Gro.sz. Com- 

)any L. Nineteenth 

infantry. 

AYillie Wilson. Com- 


Looting from 
church. 

Murder 


Dishonorable dis- 
charge, forfeiture 
of pay. and 3 
years' "confine- 
ment. 

Death 


le- 
80 


pany F, Forty- 

eiarhtii Volunteers. 

Thos. E. Lewis, Com- 


Assault 


Confinement for 1 
month. 

Dishonorably dis- 
charged, 'forfeit- 
ure of pay. and 5 
years' c on fine- 
in ent. 

Fine S45 and 5 
months' impris- 
onment. 
do 


le- 


pany A, Forty- 
ninth Infantry. 
William Whitehead, 
Company L, Twen- 
ty-tifth Infantry. 

Thomas Walsh, Com- 
pany D. Twenty- 
fifth Infantry. 

Arthur B. Butler, 


Assault with knife 
with intent to 
kill. 

Assault, intent to 
rape. 

do 




Company A, Twen- 
ty-fifth Infantry. 








OFFICERS. 












Second Lieut. James 


Feb. 8, 1901 
Aug. 25,1900 


Improper relations 
with native wo- 
men. 

Permitting pillage. . 




Acquitted. 
Do. 




M. Dickerson, 
Forty-ninth In- 
fantrv. 
First Lieut. A. F. 






Fisk. Thirty-fifth 
Infantry Volun- 
teers. 









Exhibit G. 



In report of General Otis as military governor and commander of Eighth Army 
Corps, made August 31, 1899, is found the following: 

On page 17 in his note to Aguinaldo he says: 

"Permit me in conclusion, General, to bring to your attention facts of which you 
are doubtless ignorant, and which all connected with the American authorities, 
especially that vast majority who have entertained a decided and pronounced friendly 
interest in the Philippine people, have viewed with more or less indignation. In a 
number of instances kidnapping and robbery have been committed recently within 
the city by parties who claimed to be connected with your forces, some of whom 
stated that they were acting under your instructions." 

On page 70, referring to the formation of clubs in the city of Manila for the purpose 
of assassinating Filipinos known to be loyal to the United States, General Otis says: 

"Shortly before this time the insurgents had commenced the organization of clubs 
in the city, membership in which now, I was informed, amounted to 10,000. The 
chief organizer was a shrewed mestizo, a former close companion of Aguinaldo, by 
whom he had l)een commissioned to perform this work. He was a friend and asso- 
ciate of some of our officers; was engaged in organizing the clubs only, as he stated, 
to give the poorer classes amusement and education; held public entertainments in 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 45 

athletics to which our officers were invited, and in which oiir soldiers were asked to 
participate. Gradually arms were being secretly introduced and bolos were being 
manufactured and distributed. The arms were kept concealed in buildings, and 
many of them were subsequently captured. The Chinamen were carrying on a 
lucrative business in bolo making; but the provost-marshal had cruelly seized con- 
siderable of their stock. These clubs had received military organization and were 
commanded by cunning Filipino officers regularly appointed by the Malolos govern- 
ment. The chief organizer departed after organization had been perfected and there- 
after became a confidential adviser in JNIalolos affairs. This organization was the 
subject of grave apprehension, as it was composed of the worst social element of 
the city, and was kept under police supervision as closely as possible. It was also 
dreaded by the better class of Filipino inhabitants, many of whom believed them- 
selves selected for assassination on account of their expressed desires for American 
protection." 

On page 80 General Otis, referring to conditions existing in Manila, says: 

"Subsequent to January 5, and before the President's message had been received, 
I was approached by influential Filipino gentlemen (through an agent, an American 
citizen, they fearing that their individual safety would be endangered should they 
call in person ) , who expressed a strong desire for continued peace and an harmonious 
settlement of difficulties." 

On page 128 a similar reference is found as follows: 

"Shortly thereafter the dissensions between the friendly disposed and hostile- 
intentioned natives became bitter and culminated in the assassination of one of the 
most prominent citizens simpl}^ because he advocated United States protection, and 
attempts were made upon the lives of a number of others who favored United States 
occupation." 

In General Otis' s report as military governor and commander of Division of the 
Philippines, made May 1-1, 1900, is found the following: 

On page 111 Major Baldwin, in a dispatch from Puncan, December 13, 1899, to 
the chief of staff, said: 

"All the officials of Nueva Vizcaya Province are honestly and sincerely desirous of 
peace and are thoroughlj^ glad to come under American rule. The present governor 
was forced to take the position by the insurgents, but still is an able man and can be 
used to great advantage in behalf of our Government. He has rendered gladly and 
zealously all possible assistance to our troops. He says the people wish for the Ameri- 
cans, for the insurgents robbed them of everything, forced them to contribute, killed 
some of their men to obtain money, and in some instances raped their women. He 
says the province of Isabela is very anxious to become American, and that no trouble 
will be experienced there except from roving bands." 

On page 130, General Young, in a telegram from Vigan, January 13, 1900, to the 
Adjutant-General, referring to the assassination of Filipinos w^ho were about to sur- 
render, said: 

"Following just received from Candon: 

" 'Have just intercepted message from Tinio to commander of Filipino forces near 
this place ordering execution of all Filipinos who surrendered themselves to Ameri- 
cans. Otherwise message not important. Also intercepted message from Crisanta, 
rebel comandante near Santa Lucia, ordering presidentes in towns of Ilocos Sur to 
furnish money and provisions and threatening death penalty. Am informed that 
party of armed insurrectos moved toward Narvacan last night. Indications point to 
concentration near Cobeta and Santa Maria. * 



' ' * Captain Davis. 



> >> 



On page 133, General Young, from Vigan, February 3, 1901, referring to the assas 
sination of the presidente and a schoolmaster, said: 

"Captain Van Way reports from Banguedthat courier brought information that at 
6 p. m., February 1, an officer and seven insurrectos entered San Jose and shot and 
killed Presidente Hilaron Crisologo, Schoolmaster Perfecto Cruz, and Manuel Javier, 
the latter having been a guide for American forces. The party then left, presum- 
ably to join Villamar in the mountains." 

On page 136, General Young, from Vigan, in a telegram to the chief of staff, refer- 
ring to the murder of the presidente, said: 

"Following just received from Laoag: 

"'Kegret to inform you that the presidente of Pasuquin was taken off yesterday 
morning and killed by a ])and of about 20 ladrones. Have two detachments after 
them. Hope to kill the whole band, but difficult to find. 

* ' * HowzE, Commanding. ' ' ' 



46 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

On page 143, General Otis, in referring to the conditions found by General Mac- 
Arthur of cruelties inflicted upon loyal Filipinos, said: 

" His troops were very actively engaged in pursuing the remnants of Aguinaldo's 
northern army and the self -constituted guerrilla bands, also in giving all possible 
protection to the inhabitants of towns and cities against the incursions of ladrones, 
who plundered them without mercy, adding torture and murder when their extor- 
tionate demands were not promptly complied with. The wealthy inhabitants, those 
possessed of estates, were in a precarious condition. The scattered insurgent forces, 
which still retained some form of organization, called upon them for contributions to 
the insurgent cause, promising upon compliance to protect them from the crualties 
of the robber bands. They demanded of the city authorities, appointed by our own 
officers, the imposition and collection of taxes and the sale of insurgent cedulas for 
insurgent uses, on penalty of confiscation or destruction of private property. 

' ' The presidente of one of the cities, wealthy in landed estates, was reported to be 
contributing to a leading insurgent officer who was still engaged in active hostilities. 
Upon investigation, his friends, who were trusted men, asserted that he could not do 
otherwise; that he was very anxious for the success of the American arms and the 
peace of the country, and was doing all he could to effect it, but that he was under 
painful duress and obliged to contribute of his means upon insurgent demand in 
order to retain any portion of his property. Thus, as was ascertained, many citizens 
of friendly intent were situated. It only remained to pursue effectually and to 
destruction all remaining insurgent organizations and bands of ladrones to insure the 
pacification of the country, and this policy was pursued with very satisfactory 
results. ' ' 

On page 202, General Otis, in referring to conditions at Leyte, considering a propo- 
sition to withdraw a portion of the troops, said: 

"This encouraged the enemy, influencing him to increased activity, and was the 
occasion for much unrest, excitement, and loss of life, which possibly might have 
been avoided. The inhabitants of the cities and surrounding country wished peace, 
the opening up of their markets, and the resumption of civil employments. They 
desired to have our troops among them, if in sufficient strength to protect them from 
the raids of the insurgent soldiers and mountain robbers. Assured that this pro- 
tection was sufficient for personal safety and the security of private property, and 
that it would be continued, they gave us every assistance in their power. The with- 
drawal of detachments from our troops stationed in some of the cities, in order to 
assist those pursuing the enemy into the interior, limited the protection necessary to 
be given, and enabled the insurgents to rob, impress, and murder the people living 
within the outlying sections of those cities, whereby the results which we sought to 
obtain were delayed." 

On page 215, General Hughes, in a telegram to Barry, referring to a plot to assas- 
sinate all Filipinos who befriended the Americans, said: 

"Angel Araneta arrived at La Carlota shortly before the breaking out of the revolu- 
tion there. His arrival was regarded as a sign of trouble and caused uneasiness. I 
had previously heard of him as a promoter of revolutions in Iloilo, although very 
adroitly professing friendship for Americans, as all revolutionists do. I had him 
watched and found he made visits to the coast shortly before the revolution broke 
out there. I was also informed, on good authoritj'-, that at a dinner • he said that 
anyone who befriended the Americans would be assassinated when the Filipinos 
came in power. I was also informed that he was accumulating arms at his hacienda. 
Thinking 'it time, in view of the serious condition of affairs, to act, and knowing his 
general reputation to be very bad as a revolutionist, I searched his house and found 
2 rifles, 3 revolvers, 2 shotguns, 300 rounds of ammunition, and other weapons. 
Have kept him in confinement to help peace in this vicinity." 

On page 217, General Otis, in referring to conditions at Iloilo, as represented by 
General MacArthur, said: 

"The insurgents evidently had reunited in small bands and returned from the 
mountain country, determined to annoy our troops by surprise and ambush, if not 
destroy them in part, scattered as our companies now were among the more important 
towns of the island. They drew their subsistence, of course, from the inhabitants, 
whom they compelled to contribute of their scant food and also of their money and 
treasures. Secure concealment by the people of their personal property alone made 
it safe, and by furnishing information to our officers they would, if detected by the 
robbers, forfeit their lives." 

On page 222, General MacArthur, in referring to a Moro dato who had raised the 
United States flag and was educating his subjects to loyalty, said: 

"The Moro dato of that section, a man of superior natural ability and of considera- 
ble education acquired in Europe, had advocated United States rights and requested 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 47 

our military occupation ever since the evacuation of the territory Idv Spain. He had 
raised the United States flag and had asked the permission of our officers to attack 
and drive out the insurgents, positive of his ability to do so without our assistance. 
His attitude and the close blockade maintained by the navy, which caused some suf- 
fering among the inhabitants for the desired articles of subsistence, was probably the 
chiefcause of insurgent disaffection, the stronger and prevailing faction laboring for 
the relief which our occupation and the consequent opening of the port for the 
entrance of rice and other food products would bestow. The warring of the factions 
was conducted without regard to humanitarian sentiments or the laws of war. A 
number of lives paid the penalty of their disagreements, mosth' taken through some 
form of assassination and very few in open combat. ' ' 

On page 246, General Otis, in referring to a report of General MacArthurof the 
conditions in Luzon, said: 

' ' The character of warfare which prevailed in these four large Luzon provinces 
during the months of February, March, and part of April, the weakness of the enemy, 
the activity of our troops, the apparent rapid change in sentiment on the part of the 
inhabitants, as manifested by their return to their homes (which they abandoned 
upon our advance) so soon as we occupied the country and could give them protec- 
tion, and the assistance they furnished us to find, arrest, or scatter ladrones, or the 
small remaining insurgent bands, are shown in the foregoing copies of telegrams. 
The telegrams also show the severe punishments those inhabitants invited from 
insurgents or ladrones if discovered to have given information concerning them, a 
fact which the inhabitants fully realized. A few of them who gave information were 
assassinated; but with the establishment of town government and the appointment 
of native police under military supervision the confidence of the people in their per- 
sonal security was strengthened, and the aid they rendered the troops in their efforts 
to discover the places in which arms and other war material were hidden was 
valuable. ' ' 

On page 143 General MacArthur, referring to conditions at Cabaruan, said: 
"The thousands of people there under duress have been ordered home, and in a 
few days it is hoped that the excitement that has kept this part of Pangasinan in an 
uproar since our arrival here will subside. I shall keep two companies at Cal^aruan 
for the present to insure the safety of the people now there and prevent robbers from 
utilizing the old rendezvous from which to continue their depredations. Precisely 
how the religious and robber elements are combined I have not yet been able to 
ascertain, but it is a fact that people by the thousands have been driven into this 
place and treated with the most wanton cruelty. Colonel Smith saw nine women 
and several children who had been tortured by l)olo cuts inflicted on all parts of their 
bodies. It is also a fact that this part of Pangasinan has been terrorized by these 
people, the large town of Malasiqui being almost entirely depo})ulated in consequence 
of their depredations. I have now in confinement in different places between here 
and Dagupan six or seven desperate criminals connected with this robber organiza- 
tion, some or all of whom can be convicted of murder if quick trial could be had by 
military commission in this vicinity." 

In General MacArthur' s report of September 26, 1900, referring to the people at 
Panay and Luzon, after the loyalty of the Filipinos in Negros was made public, he 
says, on page 251 : 

' ' The insurrectionary leaders of Panay and Luzon were furious beyond measure at 
the action of Xegros, and sought by every available means to bring about a rupture 
of relations between the United States and the people of the island. A price was 
put upon the heads of the members of the provisional government, a bureau for the 
circulation of all kinds of false information started, and earnest efforts made to create 
a general feeling of terrorism. The weak were bullied, the doubtful argued with, 
and the strong threatened. The sons of the soil dragging the plow, the women of 
the country chattels bearing the brand of American ownership, the churches dese- 
crated, their faith trampled upon, the land exploited, their heritage lost, and the 
people slaves constituted a motive for sorrowful jjictures which it was thought would 
appeal to the sentimental. The bolo and the threat were the arguments which it was 
expected would enforce silence if they did not induce conviction in the practical." 

In General 3IacArthur's report for 1901, as published in the report of the Lieuten- 
ant-General Commanding the Army, in part 2, referring to the claims of the Filipinos 
to their debt of allegiance to the Filipino cause, when inclined to be loval to the 
United States, he says, on pages 89-90: 

"To this end the leaders announced a primal and inflexil)le principle, to the effect 
that every native, without any exception, residing within the limits of the archi- 
pelago, owed active individual allegiance to the insurgent cause. This jurisdiction 
was enjoined under severe penalties, which were systematically enforced, not only 
within insurgent territory, but also within, the limits of American orarrisons. Bv 



48 CHARGES OF CEUELTY. ETC.. TO FILIPINOS. 

means of secret committees residing in or sent to the towns, contributions of all 
kinds were collected and sent to the lield, and punishments, including capital execu- 
tions, were administered without resistance on the part of the victims." 

* * * * -5^ * -Jfr 

"The cohesion of Filipino society in behalf of insurgent interests is most emphat- 
ically illustrated by the fact that assassination, which was extensively employed, was 
generally accepted as a legitimate expression of insurgent governmental authority. 
The individuals marked for death would not appeal to American protection, although 
condemned exclusively on accoimt of supposed pro- Americanism, or give information 
calculated to insure their own safety, even when such procedure could easily be accom- 
plished by means of conference with American conmianders, who in many instances 
were stationed within the barrios where the victims resided.'' 

On the same page, 90, referring to the reason why murdered Filipinos did not 
openly acknowledge their loyalty to the United States, he adds: 

"As a consequence of centuides of monarchical colonial administration, the people 
of these islands are suspicious of. rather than grateful for, any declared or even prac- 
tical governmental beneficence, and in this particular instance they undoubtedly 
looked upon the lenient attitude of the United States as uidicating conscious weak- 
ness, which in itself was sufficient to induce grave doubt as to the wisdom of siding 
with such a power, especially so, as the United States had made no formal announce- 
ment of an mflexible purpose to hold the archipelago and afford protection to pro- 
Americans by proclaiming a legal and constitutional right, as well as a determined 
purpose, to act accordingly." 

On page 132, General Barry, chief of staff, in a report to his commanding general, 
says: 

"The dispersion of the troops into a great many small commands was necessary in 
order to afford protection to the peaceably inclined inhabitants against marauding 
guerrilla bands, who otherwise would have pillaged them and forced many to join 
their ranks, to open up the country to trade, and to enable the inaugm-ation of pro- 
vincial governments so far as possible. There was a general cry throughout the 
archipelago. ' Protect us against these guerrilla and robber bands, or we will be forced 
to join them and contribute to their support.' " 

On page 220, Lieut. Col. Thomas Allen, chief signal officer, engaged in establishing 
telegraph lines, referrmg to capture and murder of natives assisfing him in his work, 
says: 

"On September 10, about the same time the insurrection broke out on the adja- 
cent coast of Leyte, one native hneman, with his tools, was captiu-ed and probably 
killed, and on October 15 two more met the same fate. A fourth was captured some 
time after, and it became very difficult to obtain natives for that work." 

On pages 437, 43S the provost-marshal-general, in referring to the emplo^Tuent of 
natives as policemen and their intimidation, says: 

"The greatest obstacle to successful operations here, as elsewhere upon the islands, 
was the inability of Americans to get reliable information, it lieing practically impos- 
sible to secure it in any other way than through natives, vrho were imfriendly, or 
thoroughly intimidated by the insurgents, almost to an individual." 

In the report of the first Philippine Commission, made in January, 1900, on pages 
177, 17S, referring to a report from Creneral MacArthm- on the taking of Malolos. the 
Commission say: 

' • When General MacArthur began the movement which ended in the taking of 
Malolos. the natives, at the order of General Lima, fired their towns before his 
advancing columns. Those who were luiwilling to leave their homes were driven 
out by insurgent soldiers, who burned their houses. The object of this inhuman 
procedure was to compel the inhabitants to fiee before us, and thus prevent their 
learning from experience that the fearful tales concerning our soldiers, with which 
they had been deceived, were myths. This method of procediu'e, eminently suc- 
cessful at first, in the end recoiled on its authors, provoking so much opposition that 
the obnoxious order was revoked. 

4fr ^ * * * * * 

"A visit to those towns at this time revealed a greatly changed public sentiment 
The inhabitants had neither burned their homes, nor, as a rule, abandoned them, 
but had quietly awaited the arrival of the American troops. Those who had 
remained soon learned that their confidence had not been misplaced, and those who 
had fled speedily returned. We found their condition to be most pitiable. They 
had been plundered by the insurgent troops, who had robbed them of jewels, money, 
clothing, and even food, so that they were literally starving. Peaceable citizens had 
been fired upon. Women had been maltreated, and there was general satisfaction 
that the Americans had come at last. 



CHAKGES OF CRUELTY ETC TO FILIPINOS. 49 

' ' We found them thankful for the considerate treatment they had received from 
our troops, and willing to aid us against the insurgents, at whose hands they had 
suffered so severely. They seemed, however, powerless to act on account of lack of 
organization, and there was a universal desire for the establishment of some form of 
municipal government." 

On page 384, of volume 2, of the same Commission's report, Benito Legardo, a 
witness before the Commission testified as follows: 

Q. "What was this kidnapping by Pio del Pilar? — A. He ordered people to be 
seized who favored the Americans, or even people who had strongly favored the 
Spanish. Some were carried away and flogged, and others were taken off in the hills 
and disappeared and were never heard of again. Then, the principal agitators of 
Aguinaldo, who were Sandico and others, established herein Manila the 'popular 
clubs,' which was a society similar to the Katipunans, and this society became very 
widespread here, and its principal object was to prevent Filipinos from getting in 
sympathy with the Americans. ' ' 

In the annual report of the Taft Commission made to the President November 30, 
1900, they say of conditions generally (pp. 17 and 18): 

' ' From all the information we can get it seems clear that a great majority of the peo- 
ple long for peace and are entirely willing to accept the establishment of a government 
under the supremacy of the United States. They are, however, restrained by fear 
from taking any action to assist the suppression of the insurrection which has for its 
indispensable support a conspiracy of murder. Without this, armed resistance to the 
United States authority would long ago have ceased. Anyone suspected of giving 
information to the Americans concerning the insurgents is immediately marked for 
assassination. The ramifications of the conspiracy are so wide that it has effected 
the terrorism of an entire people. It is a Mafia on a very large scale. 

" The difficulty the people have in communicating with the Americans because of 
a want of knowledge of their language, character, and customs would have a tend- 
ency to make them silent in any event, and when this is accompanied by the very 
present prospect of being abducted, boloed, or tortured if any disclosure is made, it 
is not remarkable that the insurgents are able to assume the role of amigos when 
pressed and hide themselves in barrios of the towns if driven out of the mountains 
where they have their headquarters. Not infrequently the municipal officers assume 
a double duty, one to the Americans and one to the insurgents, though this is not 
generally true except in those provinces near to which an active insurgent head- 
quarters is situated. Nor does this double part indicate that the sympathy of the 
municipal officer is with the insurgent, but only that punishment for failure to 
render service to the insurgents will be much more bloody and severe than for 
infidelity to the Americans and the violation of the oath of allegiance. We have 
already made provisions out of the public civil funds for the w^idows and children of 
two municipal officers assassinated by order of the insurgents for loyal civil service 
to the United States, and there are others with similar claims likely to seek the same 
relief. We do not intend to establish a system of pensions, but we think that in 
such cases, when clear, it is a wise public policy to give all who are risking their 
lives for the United States and the best interests of their country to know that in the 
unfortunate case of their murder their families will be taken care of by a grateful 
Government." 

In the report of the Taft Commission, so called, to October 15, 1901, in Part I, on 
page 57, referring to the matter of organizing the Philippine constabulary, they say: 

"The Commission further directed attention to the fact that the masses of the 
people were anxious for peace and quiet and ready to accept American sovereignty, 
but as matters then stood they were terrorized and often forced into an attitude of 
hostility which they did not feel, and that organizing troops and police from their 
own people would inspire them with confidence and courage and convince them that 
they could best protect themselves by actively aiding the civil and military author- 
ities. The objection made as to the loyalty and effectiveness of native troops and 
police was discussed and the conclusion reached that it was without foundation." 

On page 163, Dr. T. H. Pardo de Tavera, referring to the organization of the Loyal 
Federal party, says: 

"The first demonstration of material importance made by the party was held 
when the Civil Commission made a trip through the provinces of Pampanga, Tarlac, 
and Pangasinan, where persons representing the most distinguished elements of those 
provinces for the first time made a public expression of their sympathy, confidence, 
and adherence to the sovereignty of the United States. Such demonstrations were of 
great value, for, besides revealing in the Philippines a new sentiment, they served to 
convince the rest of the Filipinos that it was already possible, without endangering 
life, to express allegiance to the new sovereignty. Terror had reigned in those very 

S. Doc. 205, pt 1 4 



50 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

provinces until a short time prior hereto, because natives who had shown they were 
partisans of the Americans, and who expressed their ideas in public, were cruelly 
assassinated in their own homes or kidnaped with their families, to be sacrificed in 
a manner as cruel as it was barbarous. ' ' 

In part 2 of the report of the Philippine Commission for 1901, on page 169, Sefior 
Victor, presidente of Catbalogan, in an address before the Commission, when consid- 
ering the organization of a provincial government in Samar, said: 

"The efforts made by those who desired peace to bring about an end of the struggle 
were without avail, and recommended that more soldiers be sent to the island and 
that every town be garrisoned. Being asked if the people were ready to help the 
Americans, he said that some of them were, and that others were only awaiting the 
arrival of American troops to proclaim themselves in favor of law and order." 

On page 176, of same part, Seiior Kamon Morales, of Tabaco, in the matter of cre- 
ating a provincial government in Albay, claiming that his town should be designated 
as its capital, said: 

"As one reason, that the people of that district, prior to the coming of the Ameri- 
cans, held a meeting to discuss what their attitude should be, and they decided to 
accept the American sovereignty. This they had done consistently, though suffer- 
ing many persecutions and losses because of the position taken so early by them. 
He thought they should be given the capital in recognition of this stand taken by 
them. The speaker also referred to the disturbing Tagalog element in the province, 
which was, he said, the cause of all their woes." 

[Extract from "Operations in the Department of Northern Luzon," from, report of Maj.-Gen. Loyd 
Wheaton, commanding department, dated Manila, P. I., June 30, 1901.] 

In the nipa swamps, about the northern shore of Manila Bay, robbers and assas- 
sins were under Torres endeavoring to maintain themselves. In the provinces of 
Morong and Infanta bands of outlaws were in the mountains. The continued resist- 
ance to the authority of the United States was maintained by the leaders of the 
insurrection through a system of terror by assassination. All suspected of willing- 
ness to accept American occupation were, by the orders of these chiefs of assassins, 
doomed to death inflicted by executioners who lurked in the immediate vicinity of 
the towns occupied by our forces and murdered men and women and, in some 
instances, children, these murders being perpetrated with circumstances of great 
cruelty. 

An organization of the society of the Katipunan was discovered to exist through- 
out the department, the object of this secret society being the assassination of all 
Americans and the murder of all men, together with their families, who are friendly 
to Americans. 

The operations of the guerrilla bands were mainly confined to attacking stragglers 
and small detachments or in firing at night into the towns occupied by our forces. 
The troops throughout the department were all kept actively employed in the 
endeavor to exterminate guerrilla bands and in the arrest of the many murderers. 

Murderers were arrested and, after their trial and conviction, were sentenced and 
executed. INIore than 2,000 robbers, thieves, and violators of the laws of war were 
duly tried and then imprisoned upon conviction. 

Unexampled patience was exercised throughout the department in the treatment 
of these savages, habitually violating all the laws of war as known to civilized nations, 
and the humanity of the troops engaged in bringing order out of a chaos of robbery, 
rapine, and murder has no parallel in the history of dealing with Asiatics. (Vide 
page 6, part 3, report of the Lieutenant-General Commanding the Army, 1901. ) 

[Extract from report of Brig. Gen. J. F. Bell, commanding First District, Department of Northern 
Luzon. Part 3, Report of Lieutenant-General Commanding the Army, 1901, pp. 34, 35.] 

I have been in Indian campaigns where it took over 100 soldiers to capture each 
Indian, but the problem here is more difficult on account of the inbred treachery of 
these people, their great number, and the impossibility of recognizing the actively 
bad from the only passively so. If it was deemed advisable to pursue the methods 
of European nations and armies in suppressing rebellions among Asiatics, the insur- 
rection could have been easily put down months ago; even now, although the seeds 
of rebellion have permeated all classes, such methods would soon put an end to all 
active insurrection. 

^ * -X- -X- 4«- ^ * 

On January 10, five ]:)odies of native scouts, who, with 1 soldier of the Fifth Infan- 
try, were taken prisoners in a barrio of Batac, January 1, were found east of Batac. 
The heads, legs, and arms had been cut off, and the bodies otherwise mutilated. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 51 

One white soldier named Lyons, Company K, Fifth Infantry, after having been 
taken prisoner, was cut with bolos and was left for dead on the field. He revived 
and was able to crawl to a shack when night came on. Information was given to a 
local leader, and he was again taken prisoner and murdered. 

[Extract from ''Report of operation? in Third District, Department of Northern Luzon," report of 
Brig. Gen. J. H. Smith. U. S. Army, commanding, on p. 113 of part 3 of Report of the Lieutenant- 
General Commanding the Army, 1901.] 

In Pangasinan particularly the local military authorities have been remarkably 
successful in running down the criminals who have been running at large during the 
insurrection; in fact, many of the most atrocious crimes of kiduaj^ing and murder 
were committed under the guise of assisting insurgent operations. Thirty-six in all 
of these criminals, including the notorious insurgents Vicente Prado, Inocencio Prado, 
and Francisco Ramos, have paid the death penalty for their barbarous crimes, and 
many more have been sentenced to various terms of confinement, ranging from two 
years to imprisonment for life. The work performed by the officers who, under 
many difficulties and with remarkable patience, investigated these cases and prepared 
the charges, by the natives who at first unwillingly but later freely gave the neces- 
sary information, by the commissions which tried them, has been of infinite value 
in bringing about the present quiet and peaceful condition of the district, and scarcely 
less value is to be attached to the work of the provost courts which have handled 
the vast numbers of less serious cases. 

[Extract from "Reports of operations in the Second District. Department of Southern Luzon. 
From report of Brig. Gen. Robert H. Hall, U. S, Army, commanding, p. 269, part 3, Report of the 
Lieutenant-General Commanding the Army, 1901.] 

September 1. Salvador Reyes, ^^ce-presidente of Santa Cruz, Laguna, murdered. 
This was the third attempt to assassinate him. Two of the supposed assassins killed 
while attempting to escape. 

[Extract from " Operations in the Third District, Department of Southern Luzon, January 1 to March 
" 5, 1901." From the report of Maj. James A. Shipton Forty-seventh Infantry, U. S. Volunteers, 

commanding the post at San Jose de Lagonoy, dated February 1, 1901, on p. 419, part 3, Report of 

the Lieutenant-General Commanding the Army, 1901.] 

The presidente of Tigaon is very unsatisfactory to me, and I am credibly informed 
that my predecessor was of the same opinion. The town is the least friendly of any 
in the district, the streets are abandoned, municipal affairs are neglected, the tribunal, 
formerly a fine building, is in ruins, and the presidente can be found at any hour of 
the day or night gambling with all comers, among them sometimes soldiers. The 
wife of Felis Plaso came into the town and reported to the presidente, who said noth- 
ing about it. Plaso himself is thought to be in the neighborhood. He is one of the 
men who ordered the body of Sergeant Huey, of the Fortieth Infantry, U. S. Volun- 
teers, to be disinterred and burned; and Warciso Jallores, another man who took a 
leading part in this barbarity, is also near Tigaon. His accounts are manifestly not 
correct, and I am investigating them with a view to his trial. 

[Extract from "Operations in the Third district. Department of Southern Luzon. January 1 to 
March 5. 1901." (From report of Brig. Gen. James M. Bell, commanding, p. 440 of part 3, Report of 
the Lieutenant-General Commanding the Army, 1901.)] 

[Inclosure 60.] 

On February 28, 1901, Corporal Merkel and 6 men. Company F, Forty-seventh 
Infantry, U. S. V., left Daraga at about 8.30 a. m., and scouted to the north as far as 
Buctong in search of bolomen who had waylaid and cut the eyes out and ear off of a 
native. Two prisoners were taken in Buctong and identified as the parties who had 
maltreated said native. Returned to Daraga at about 11.30 a. m. Distance marched 
about 8 miles. 

Thomas P. Murphy, 
First Lieutenant, Forty-seventh Infantry, U.S. V., Commanding Company F. 

[Extracts from "Reports of operations in the Fourth district. Department of Southern Luzon." (From 
report of Capt. Devereux Shields, Twenty-ninth Infantry, U. S. Volunteers, p. 456 of part 3, Report 
of the Lieutenant-General Commanding the Army, 1901.) ] 

On September 15, I offered Abad 820 each for the delivery of my dead at Santa 
Cruz, which he refused to do. I was recently informed by William Huff, an Amer- 
ican negro who was with me in the capacity of servant during the expedition, that 
he had seen the enemy mutilate the body of one of our dead, and probably this fact 
caused Abad to refuse my offer. 



52 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

[Memorandum for the Secretary of War, by Clarence R. Edwards, chief of division of insular affairs.] 

In the first part of December, 1900, the civil governor of the PhiUppine Islands 
made the following request to the military governor: 

Manila, December 3, 1900. 

Maj. Gen. Arthur MacArthur, U. S. Volunteers, 

Military Governor in the Philippine Islands, Manila. 

Sir: I am directed by the Commission respectfully to request that, if not inconsis- 
tent with the public interest, a circular letter be sent through the ordinary military 
channels to all commanders of army posts making an answer to the following ques- 
tions: 

First. How many natives have been assassinated for suspected sympathy and assist- 
ance rendered to the American cause within your jurisdiction? 

Second. How many persons have been assaulted for the same reason ? 

Third. How many of those persons killed under the circumstances mentioned in 
the first question were municipal officers? 

Fourth. How many persons assaulted under the circumstances mentioned in the 
second question were municipal officers? 

I have the honor to be, very respectfully, your obedient servant, 

Wm. H, Taft, President. 

The folloW'ing responses to the four questions were received by officers in whose 
jurisdiction assassinations and assaults have been made: 

Col. S. S. Sumner, commanding first district. Department of Southern Luzon, 
under date of Santa Ana, Manila, January 4, 1901, incloses reports from all the 
stations in his district and gives a compilaton of the same as follows: 

Natives assassinated for sympathizing wdth Americans 14 

Natives assaulted for sympathizing with Americans 104 

Assassination of municipal officers 1 

Assaults upon municipal officers ->.. 1 

The following details are noted from the reports of the subordinate officers in this 
district: 

At Bacoor the vice-presidente was killed. 

Two natives living in or about Alfonso, named FaustinoVidaldon and Manuel , 

were assassinated for having acted as guides to our forces. 

Col. C. C. C. Carr, commanding the Fourth Cavalry in this district, reports from 
Pasay that one man, named Marcello Bias Versaval, who was employed as a tailor 
by Troop E, Fourth Cavalry, was' assassinated October 3, 1900, because he refused to 
rejoin the insurgents, whom he had abandoned some months before. Also that one 
Eulalio Santiago was reported to have been buried alive at some place in the vicinity 
of Pasay cavaby barracks, on or about October 6, 1900, because he persisted in 
accepting employment from the United States quartermaster's department as an 
overseer of laborers in violation of the orders issued by the chiefs of the insurrection. 

Brig. Gen. Robert M. Hall, U. S. Volunteers, commanding second district, Depart- 
ment of Southern Luzon, forwards from Calamba, P. I., January 12, 1901, reports 
from stations in his district which may be summarized as follows: 

Natives assassinated for sympathizing with Americans (1 Chinaman) 17 

Natives assaulted for sympathizing with Americans 106 

Assassination of municipal officers 3 

Assaults upon municipal officers 12 

The following details are noted from the reports of the subordinate officers in this 
district : 

At Los Banos, Sefior Quisumbang, secretary to the presidente, and three police- 
men appointed by the presidente were assassinated. 

Under the jurisdiction of the provost-marshal of Manila, Lieut. Charles R. Trow- 
bridge, in charge of the department of secret service of Manila, reports under date 
of December 14, 1900, as follows: 

Natives assassinated for sympathizing with Americans 5 

Natives assaulted for sympathizing with Americans (one of them was assaulted 

twice) 3 

Assassination of municipal officers 4 

Assaults upon municipal officers 3 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 53 

In addition, Lieut. Col. W. E. Wilder, Forty-third Infantry, superintendent of 
police of the city of Manila, under date of December 21, 1900, reports to the provost- 
marshal the following: 

Natives assassinated for sympathizing with Americans 10 

Natives assaulted for sympathizing with Americans 3 

Assassination of municipal officers 4 

Assaults upon municipal officers 3 

The commanding officer first district, Department of Northern Luzon, trans- 
mitted reports of subordinate commanders showing — 

Natives assassinated for sympathy with Americans (also 4 Chinamen) 100 

Natives assaulted for sympathy with Americans 40 

Assassinations of municipal officers 26 

Assaults on municipal officers (besides 5 kidnaping cases) 7 

The following extracts from reports covering this district give the details: 

Col L. W. y. Kennon, Thirty-fourth JJ. S. Volunteer Infantry, reporting from 
Laoag, under date of December 30, 1900, states: "About the middle of January, 
1900, Francisco Madrid and 8 Ilocanos were murdered by Tagalogs under a Captain 
Hernandez between Puncan and Garanglan, province of Nueva Ecija, for having 
assisted the American forces. 

"In July, 1900, 1 man and 3 women, all Ilocanos, were tortured and left for dead 
near Calipan, barrio of Talavera, for friendliness to Americans. Three died, but 
one woman was rescued, and with medical attendance in hospital at Cabanatuan 
recovered." 

Lieut. Frank L. Case, Thirty-third U. S. Volunteer Infantry, reporting under date 
of December 21, 1900, from Angaqui, states: "One native only has been assassinated 
within this jurisdiction for any cause that could be attributed to sympathy for the 
American cause, and this was a doubtful case." 

Capt. Wm. H: C. Bowen, Fifth U. S. Infantry, reporting from Batoc, Ilocos Norte 
province, under date of December, 1900, says that 1 native and 4 Chinamen were 
assassinated in January, 1900; 2 natives had been assaulted, 1 municipal officer assass- 
inated and 1 assaulted. 

Lieut. E. G. Davis, Fifth U. S. Infantry, reported under date of December 24, 
1900, from Paoag, Ilocos Norte province, stated that the following were assassinated: 
Antonio Pobre, Mariano Dias, Juan Sadomiano, Cleto Pacada, Maxiamino Eanaga, 
Ilario Dias, Cecilio Baetteong, Leoncio Blanco, Pedro Saymo, Vidal Clemente, Lino 
Magamaspad, Eusebio Cabuntasan. 

Maj. S. M. Swigert, Third L^. S. Calvary, reporting from Namacpaean, under date 
of December 25, l900, states: "One councilman, who was a cabeza de barrio, killed 
for assistance rendered. Nine men killed by insurgents for suspected assistance 
and sympathy." 

Major Swigert also reported that at Balaoan there had been "1 scout and 2 
policemen killed for assistance rendered; 4 men killed for suspected sympathy." 

He also states that of those reported below from Bangar, "3 men — presidente 
local, delegarde de justicio, and industrial — were killed for suspected sympathy; 1 
policeman, 4 scouts, and 1 boy killed for assistance rendered." 

Maj. H. P. Kingsbury, Third L". S. Cavalry, reporting under date of December 20, 
1900, from Badoc, province of Ilocos Norte: "Eight natives have been assassinated; 
4 natives have been assaulted and wounded; 2 policemen killed; 2 policemen 
assaulted; 5 policemen have also been carried off to the mountains." 

Capt. F. H. Hardie reported from Cabagoo, province of Ilocos Sur, under date of 
December 23, 1900, that one native who was friendly to the Americans had disap- 
peared, his bodv was not found, and the natives believed that he was done awav with. 

Col. Richard Comba, Fifth U. S. Infantry, under date of December 2i, 1900, 

reported from Bangued, Abra province, that 14 natives had been assassinated for sus- 
pected sympathy and assistance rendered the American cause, viz: Bernado Dama- 
mal, Dimas Bahias, Carlos Biloy, Sinfaroso Espejo, Pedro Blanes, Calizto Santa 
Maria, Gregorio Balamseda, Mariano Bandarel, Benito Espejo, Efipana Bacarile, 
Calizto Banderal, ^Maximo Belasco, Julio Balencia, Pauciano Bringinas. One was 
assaulted. Eight of those killed were policemen, and one the head of a barrio. 

Maj. J. C. Chance, Fifth U. S. Infantry, reported under date of December 18, 1900, 
from Bucay, that 1 native had been assassinated for being in sympathy with or ren- 
dering assistance to the American cause, and 1 native assaulted for the same reason. 

Lieut. H. C. Price, Fifth U. S. Infantry, reported from San Jose, under date of 
December 18, 1900, that Perfecto Cruz, school-teacher; Hilario Crisologo, presidente, 
and Manuel Tavier, director, were killed for refusing assistance to the insurgents. 



54 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Brig. Gen. S. M. B. Young, commanding the first district, Department of North- 
ern Luzon, reported on December 21, 1900: "On September 2, 1900, Justo Sonido, 
who had been appointed justice of the peace at Cabugao, appeared before the judge 
of the court of first instance in Vigan and took the oath of office. When he arrived 
at the bridge near San Ildefonso, on the same date, he was taken by a lot of 
scoundrels who called themselves insurgents, and, it is supposed, murdered him, for 
he has never been heard of since. His offense was accepting office under the United 
States Government." 

Lieut. Richard P. Cordill, Thirty-third Infantry, U. S. Volunteers, reported from 
Santo Domingo, under date of December 19, 1900, that the acting presidente of that 
municipality was assaulted and badly injured with bolos. 

Maj. Wm. A. Shunk, Thirty-fourth Infantry, U. S. Volunteers, reported under 
date of December 24, 1900, from Piddig, that 2 natives had been assassinated for 
openly expressing their sympathy \vith the American cause within the limits of that 
jurisdiction. 

Captain Grant, Forty-eighth Infantry, U. S. Volunteers, reported on December 
20, 1900, from Rosario, that 2 natives, 1 a presidente, had been assassinated, and 2 
natives, 1 likewise a presidente, had been assaulted. 

Lieut. Wm. H. Allen, Forty-eighth Infantry, U. S. Volunteers, reported from 
Bangar, on December 22, 1900, that 9 natives had been assassinated, and 30 persons 
or more assaulted for suspected sympathy and assistance rendered the American 
cause. Three of those killed and 2 of those assaulted were municipal officers. 

The following is a summary of the answers made by the several commanders of 
stations in the Third district, Department of Northern Luzon: 

Natives assassinated for sympathizing with Americans 106 

Natives assaulted for sympathizing with Americans 131 

Assassination of municipal officers II 

Assaults upon municipal officers 15 

The following extracts are quoted from the reports of the station commanders 
above referred to: 

Lieut. "W. N. Hughes, jr.. Thirteenth Infantry, Alava, P. I., under date of Decem- 
ber 21, 1900, states that while no natives had been assassinated, 6 persons were 
sequestered in September, 1900, and that they had not been heard of since then. 
Two of this number were municipal officers. He further states that the presidente, 
tieniente of police, and secretaries would undoubtedly have been killed if they had 
not been rescued by a squad of soldiers twenty minutes after their capture. When 
rescued they were securely bound and were preparing to be hacked with talihones 
and buried alive, because they had surrendered three rifles to us and were considered 
friendly with us. The other two municipal officers, who were sequestered Septem- 
ber, 1900, have never been heard from. 

John W. Bubb, lieutenant-colonel Twelfth Infantry, writes from Tarlac, P. L, 
under date of December 19, 1900, as follows: 

"It is believed that there have been many cases of assault and even killing of 
natives by others for real or suspected friendship to the Americans in this subdis- 
trict. But conditions that existed in the past and still exist in a large measure pre- 
vent our having knowledge on the subject. Fear is the predominating element of 
control over natives, and insurgents, ladrones, and their sympathizers exercise it to 
such an extent over neutral and friendly natives that information of misdeeds is very 
hard to obtain." 

Lieut. George H. Shields, Twelfth Infantry, provost marshal, Tarlac, P. I., under 
date of December 18, 1900, states that while it has been impossible for him to obtain 
any actual information owing to the short time since the Twelfth Infantry occupied 
the pueblo of Tarlac, from hearsay 3 natives have been assaulted for suspected sym- 
pathy and assistance rendered to the American cause. 

The commanding officer at Cuyapo states that ' 'no natives are known to have been 
assassinated for friendship to the United States; 1 has disappeared, and it is rumored 
that he has been assassinated for that reason." 

Capt. R. K. Evans, Twelfth U. S. Infantry, commanding at Moncada, reports that 
Presidente Placido Cucliapian M'as fired on by Gregorio Vallero November 11, 1900, 
presumably because Cucliapian held office under the American Government. 

Maj. J. W. Duncan, Thirteenth Infantry, commanding at Binalonan, under date of 
December 29, 1900, reports that 2 natives who acted as guides to part of General 
Lawton's command from Binalonan to Pozzorrubio, November, 1899, and 4 natives, 
in February last, who depended upon Americans to protect them in refusing to con- 
tribute supplies to a so-called insurgent band, had been assassinated. 

He also states that 1 native was killed and 1 left for dead by a band of outlaws, 
who accused the 2 of being spies to the Americans. 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 55 

He further states as follows: "When the 4 natives were killed, in February, as 
above noted, assault was made on the people in a cluster of houses in the barrio of 
Aruas. AVhile the band of insurrectos seemed to want to kill the men, only they 
beat a number of women, probably in the endeavor to get them to tell where their 
husbands were." 

Lieut. Hector A. Rochiben, Thirteenth Infantry, commanding at Mangaldan, 
reports, under date of December 29, 1900, as follows: "Although no absolute proof, 
5 of the people murdered in the town since the American occupation are supposed 
to have been murdered for suspected sympathy or assistance to the American cause." 

Capt. Edgar W. Howe, commanding at Camiling, Tarlac, reports that in addition 
to the 13 natives given as assassinated, 5 disappeared because of suspected sympathy 
to the American cause, and that 2 members of the police force had also disappeared. 

Capt. Robert W. Barnett, commanding at San Jacinto, reports, under date of Decem- 
ber 31, 1900, that in addition to 5 natives murdered for sympathy to the American 
cause, 2 were carried away and heard from no more. 

Of the 2 persons assassinated at Cabangan, 1 was a municipal officer and the other 
was a member of the pohce force, while I of those assaulted was a sergeant of police. 

Reports from the Fourth district, Department of Northern Luzon, show: 

Natives assassinated for sympathy with Americans 7 

Natives assaulted for sympathy with Americans 16 

Municipal officers assaulted 3 

The following extracts from reports covering this district give the details: 

Maj. Joseph "Wheeler, jr., Thirty-fourth Infantry, reports from Capan, under date 
of December 28, 1900, that 1 man had been held a prisoner by the insurgents on 
account of sympathy with or assistance rendered Americans. 

Lieut. L. L. Deitrick, Thirty-fourth Infantry, reports from Penaranda, under date 
of December 18, 1900, that the alcalde of the pueblo was assaulted for suspected 
sympathy with Americans. 

Capt. R. L. Hamilton, Twenty-second U. S. Infantry, reports from San Antonio, 
under date of December 26, 1900, that the following-named natives have been assas- 
sinated for suspected sympathy and assistance rendered the American cause: Alvina 
Pas, Balthazar Nasa, Luncinda Villaforte, Emiterio Romero. He also reports that 
13 natives had been assaulted for the same reason. 

Lieut. L. A. Curtis, Twenty-second L". S. Infantry, reported from Santa Rosa, under 
date of December 31, 1900, that since his arrival at that place, September 29, 1900, 
none had been killed, but that "the vice-presidente of the pueblo was taken from 
his house one night in November and dragged several miles into the country by 
masked men and harshly treated. This was because of refusal to contribute funds 
and of loyalty to the Americans." 

Lieut. David P. Wheeler, Twenty-second Infantry, reporting from the post of 
Jaen, Neuva Ecija Province, under date of December 23, 1900, states: "There have 
been two natives assassinated in this vicinity for assistance rendered to the American 
cause. ' ' 

Capt. J. F. Kreps, Twenty-second V. S. Infantry, under date of December 23, 
1900, reports from San Isidro: " Eduardo Bantug disappeared about one month ago, 
and it is now believed that he has been assassinated for suspected sympathy with 
the Americans." 

The following is a summary of the answers made by the several commanders of 
stations in the fifth district, Department of Northern Luzon: 

Natives assassinated for sympathizing with Americans 77 

Natives assaulted for sympathizing with Americans 36 

Assassination of municipal officers 17 

Assaults upon municipal officers 6 

The following extracts are quoted from the reports of the station commanders 
above referred to: 

Lieut. R. R. Stogsdall, Third Infantry, commanding at Lolomboy, reports under 
date of December 10, 1900, that the presidente of Bocaze was assassinated on account 
of his sympathy with the Americans. 

Capt. A. Williams, Third Infantry, commanding at San Fernando, reports un- 
der date of December 12, 1900, that the alcalde of Angeles, Florentina Paminapuan, 
a rich man, had been formerly carried away and required to pay a ransom of 9,000 
pesos. 

Capt. W. C. Buttler, Third Infantry, commanding at Apalit, reports under date 
of December 11, 1900, that 2 natives, Francisco Salaveria and Telesforo Ponce, were 
assassinated for suspected sympathy and assistance to the American cause. These 
men, he states, had given information against the insurgents and thieves to the com- 
manding officer of the United States troops 



56 CHAEGES OF CKUELTY , ETC., TO FILIPINOS. 

Lieut. J. T. ]Moore, Third Infantry, commanding at Maycauayan, reports under 
date of December 10, 1900, that "two natives who acted as guides for American 
troops of this place disappeared afterwards, one in April and the other September 25, 
this year, and rumors indicate that they were killed." 

Lieut. John M. Shook, Twenty-second Infantry, commanding at Pilar, reports 
under date of December 11, 1900, that in addition to the one native reported assassi- 
nated, one had been kidnapped and that one native policeman hai been assassi- 
nated. 

Major C. E. Cabell, commanding at Dinalupigan, Batann, under date of December 
13, reports as follows: 

"There have been natives assassinated for suspected sympathy and assistance ren- 
dered to the American cause within jurisdiction of this post according to my best 
information, though the following natives have disappeared from this post and it is 
believed they were forcibly taken away by insurrectos: Roman Mendoza, barrio 
Dagat Dagatanm, disappeared while searching for a cannon in mountains April 28, 
1900; Alejandro de la Cruz, Dinalupigan, disappeared while acting as messenger to 
Balanga, September 7, 1900; Vicente Lapan, telegraph lineman, disappeared Decem- 
ber 2, 1900, having gone ahead of detail contrary to orders," 

Captain Griffith, commanding at Hermosa, reports under date of December 16, 
that of the 6 natives reported assaulted, 2 of them were captured and have never 
since been heard from, and that of the 3 persons reported assassinated, 2 were police- 
men, and the third was a son of a policeman and a boy. 

The two natives reported assaulted by Capt. W. R. Standiford, Forty -first Infantry, 
commanding at Bacolor, were named Ignacio Mendoza, barrio de Concepcion, and 
Benito de Jesus, barrio de Patrerio. 

Capt. John H. Boston, jr.. Forty-first Infantry, commanding at Magalang, under 
date of December 15, 1900, reports as follows: 

' ' Pedro Perez, killed by soldiers of Elias Pacson, at barrio Dapdap, about June 15, 
1900. Angel Torres, killed at barrio Bical, about August 10, 1900, by soldiers of 
Gregorio Lasamani. Domingo Suma, killed at barrio San Jose Molina, about Novem- 
ber 8, 1900, by Lorenzo Camaya. None of these natives were municipal officers, but 
were killed for giving information." 

Capt. Fred L. Davidson, Forty-first Infantry, commanding at Santa Ana, reports 
under date of December 12, 1900, that "in the month of January, 1900, Alberto 
Borja, a native, was killed in San Pablo, a barrio of the municipality, by parties 
unknown, for being suspected of spying in interest of the United States forces." He 
further reports that "in January, 1900, Inocencio Cunanan and son, Felipi Cunanan, 
natives of Santa Ana, who were working in Lackmit, barrio of Arayat, were taken 
to the mountains by Lieut. Eurojio Gamboa (now dead) by General Alejandrino's 
order and assaulted for being suspected of spying in the interest of United States 
forces. In April, 1900, Leoncio de Onjio, lieutenant, of San Pablo, was assaulted by 
Major Camaya, in San Pablo, a barrio of this municipality, for being suspected of 
spying in interest of United States forces. In June, 1900, iVngel Lancangan, lieu- 
tenant, of barrio San Jose, was taken to the house of Alejandrino and then to Mount 
Arayat, where he was threatened with death until he paid the sum of $1,500 ]Mexi- 
can currency. Lancangan paid this amount to escape death and was then liberated." 

Capt. T. C. Siviter, Forty-first Infantry, commanding at Mexico, reports under 
date of December 16, 1900, that in addition to those reported as assassinated and 
assaulted "there may have been more, and probably were, as it is commonly reported 
that Camaia has killed and robbed a great many natives, though those reported are 
all that can be traced back to the reason given." 

Capt. James Clark, Forty-first Infantry, commanding at Candaba, reports under 
date of December 11, 1900, in answer to the first question, as follow^s: 

" First. Two men have disappeared; both were friendly to Americans, one being 
the father of an interpreter and the other a policeman. No trace of either has been 
found. The body of one woman with the throat cut was found in the river. She 
was known to be friendly to the Americans." 

The commanding officer, sixth district. Department of Northern Luzon, transmitted 
reports from that district, showing: 

Natives assassinated for sympathy with the American cause 14 

Natives assaulted for sympathy with the American cause 3 

Municipal officer assassinated 1 

The following extracts from reports from this district give the details: 
Lieut. Col. John H. Beacom, Forty-second Infantry, U. S. Volunteers, reported 
under date of December 15, 1900, from Malabon, stating: "Seven natives had been 
assassinated and two assaulted." He adds: "I am of the opinion that there have 
been many cases of assault that were not reported." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 57 

Capt. D. T. H Casteel, Twenty-seventh Infantry, U. S. Volnnteers, reported f^-om 
]\Iontalban, nnder date of December 15, 1900, regarding those assassinated for sym- 
pathy with the Americans: " None definitely. One probably, he having disappeared 
after acting as guide." 

Capt. C. 8. Burns, Forty-second Infantry, U. S. Volunteers, reported on December 11, 
1900, from San Felipe, that a native named Bengino was assassinated early in 1899. 

Lieut. Charles H. Roessing, Forty-second Infantry, U. S. Volunteers, on December 
18, 1900, reported from Taytay that 1 native had been assassinated and 1 assaulted 
for sympathy with the Americans or assistance rendered them. 

Col. Albert S. Cummins, Twenty-seventh Infantry, U. S. Volunteers, reported 
under date of December 14, 1900, from San Mateo: 

"Number killed 5. Victorino Rodriguez and Gregorio del Rosario, natives of San 
Mateo, were suspected of being in the American secret service. They disappeared 
in March, 1899. It was afterwards learned that they w^ere killed by the insurgents 
in the hills north from Montalbon where the}' had gone to look after some of their 
land. Euaristo Soto, native of province of North Ilocos, killed about February, 1900, 
for suspected sympathy with American cause. Senor Jose Monojan and Marcelo 
Cayetano, his servant, were killed near San Mateo in March, 1900. It is not posi- 
tively known, but it is believed they were killed for being friendly with the Ameri- 
cans. Of the killed Senor Jose Monojan was the vice-presidente of San Mateo." 



NOTE. 

The remainder of this document, consisting of Exhibit G, part 2, Trials of Fili- 
pinos by Military Commission forcruelty against Filipinos January 1, 1900, December 
31, 1901, and Exhibit G, part 3, Trials of Filipinos by Military Commission for 
(iruelty against soldiers January 1, 1900, December 31, 1901, will be printed as 
Senate Document 205, part 2. 



o 



S. Doc. 205, pt 1 5 



67th Congress, [ SENATE. . J Doc. No. 205. 

1st Session, \ \ Part 2. 



CHARGES OF CRUELTY, ETC., TO THE NATIVES OF THE 

. PHILIPPINES. 



XETTER FROM THE SECRETARY OF WAR RELATIVE TO THE 
REPORTS AND CHARGES IN THE PUBLIC PRESS OF CRUELTY 
AND OPPRESSION EXERCISED BY OUR SOLDIERS TOWARD 
NATIVES OF THE PHILIPPINES. 



February 19, 1902. — Ordered to be printed as a document. 



[COISTTINXJED.] 

Exhibit G. 
(Part 2.) 



Trials of Filipinos by military commission for cruelty against Filipinos — January 1, 1900- 

December 31, 1901. 

Headquarters Division of the Philippines, 

Manila, P. /., April 13, 1900. 
General Orders, No. 5. 

I. Before a military commission which convened at Tarlac, P. I., March 16, 1900, 
pursuant to paragraph 1, Special Orders, No. 33, February 2, 1900, Headquarters 
Department of the Pacific and Eighth Army Corps, and of which Lieut. Col. Charles 
F. Robe, Se^'enteenth United States Infantry, was president, and Capt. Frank L. 
Dodds, Ninth United States Infantry, was judge-advocate, were arraigned and tried: 
Silvestre Tarug, a native; Joaquin Pider, a native; and Pascual Gutierres, a native. 

Charge I. — "Murder" (four specifications). 

Charge II. — "Robbery" (four specifications). 

Pleas. — To the charges and specifications the accused, and each of them, pleaded 
"not guilty." 

Findings. — Of specification 1, charge I, "guilty," except the words "shooting," 
"a rifle," and "Silvestre Tarug," substituting therefor the words "cutting and stab- 
bing," "bolos," and "Joaquin Pider and Pascual Gutierres;" of the excepted words, 
"not guilty," of the substituted words, "guilty." 

Of specification 2, charge I, "guilty," except the words "abolo," and substituting 
therefor the word "bolos," and inserting after the words "Joaquin Pider" the 
words "and Pascual Gutierres;" of the excepted words "not guilty," of the substi- 
tuted and inserted words, "guilty." 

Of specification 3, charge I, "guilty," except the words "a bolo," and substituting 
therefor the word "bolos," and inserting after the words "Pascual Gutierres" the 
words "Joaquin Pider;" of the excepted words "not guilty," of the substituted 
word and inserted words "guilty." 

Of specification 4, charge I, "guilty," except the words "shooting and" and 
"rifies and;" of the excepted words "not guilty." 

Of charge I, "guilty." 

Of specifications 1 and 2, charge II, "not guilty." 

Of specification 3, charge II, "guilty." 

Of specification 4, charge II, "guilty," except the words "Emilio Asuncion," 
substituting therefor the words "Olimpia Cortes;" of the excepted words "not 
guilty," of the substituted words, "guilty." 

Of charge II, "guilty." 



2 CHARGES OF CRUELTY, ETC., TO FILIPIXOS. 

Sentence. — And the commission does therefore sentence Joaquin Pider and Pas- 
cual Gntierres, natives, and each of them, "'to be hanged by the neck until each of 
them be dead, at such place and time as the reviewing authority may direct, two- 
thirds of the members concurring therein;" and Silvestre Tarug, native, "to be 
confined at hard labor, at such place as the reviewing authority may direct, for 
twenty years."' 

II. In the foregoing cases of Silvestre Tarug, Joaquin Pider, and Pascual Gutierres, 
natives, the evidence shows that these three accused, with a band of Negritos, armed 
with a rifle, bolos, and bows and arrows, entered the barrio of Dayacdac, pueblo of 
O'Donnell, province of Tarlac, P. I., on or about February 16, 1900, and murdered 
seven natives, including one woman. The established motive of the crime was rob- 
bery. The two accused who have received sentences of death, Joaquin Pidet and 
Pascual Gutierres, are shown by the evidence to have tied up two of the victims of 
this murderous assault, and, compelling them to lie on the ground, chopped them 
with bolos, in this way causing their death. The third accused, Silvestre Tarug, who 
has received sentence of imprisonment for twenty years, is shown to have been pres- 
ent with this band, aiding and abetting these raurders. 

The remarks of the reviewing authority in the case of Antonio Morales and Faus- 
tino Gonzalez, published in Cieneral Orders, No. 16, March 8, 1900, Headquarters 
Department of the Pacific and Eighth Army Corps, apply in this case. The crimes 
alleged w^ere committed by a band of native outlaws against fellow-natives and 
under circumstances of peculiar atrocity, unworthy of even a moderate degree of 
civilization. 

The sentences are approved. The sentences of death by hanging, awarded Joaquin 
Pider and Pascual Gutierres, will be duly executed at the pueblo of O'Donnell, prov- 
ince of Tarlac. P. I., on April 27, 1900, under the direction of the com.manding 
general of the Department of Xortheirn Luzon. The sentence of confinement, 
awarded Silvestre Tarug, will be duly executed at the Presidio de Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Major-Cieneral Otis: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., April 28, 1900. 
General Orders, Xo. 10. 

Before a military commission which convened at Bautista, Luzon, P. I., pursuant 
to paragraph 1. Special Orders, Xo. 33, February 2, 1900, Headquarters Department 
of the Pacific and Eighth Army Corps, and of which Lieut. Col. Charles F. Robe, 
Seventeenth L'. S. Infantry, was president, and Capt. Frank L. Dodds, Xinth L". S. 
Infantry, was judge-advocate, were arraigned and tried: 

I. Marcehno Curameng, Pedro Funtanez, Julio Bautista, and Alipio de la Cruz^ 
natives. 

Charge. — "Highway robbery" (one specification) . 

Pleas. — To the charge and specification, "Xot guilty." 

Findings. — Of the charge and specification, "Xot guilty." 

And the commission does therefore "acquit them, Marcelino Curameng, Pedro 
Funtanez. Julio Bautista, and Alipio de la Cruz, natives, and each of them." 

In the foregoing case of ^Marcelino Curameng, Pedro Funtanez, Julio Bautista, and 
Alipio de la Cruz, natives, the acquittals are approved. The prisoners will be released 
from custody. 

II. Fortunato de la Peiia, native. 

Charge. — "Highway robbery" (one specification). 
Pleas. — To the charge and specification, "Xot guilty." 
Findings. — Of the charge and specification. "Xot guilty." 

And the commission does therefore "acquit him, Fortunato de la Peiia, native." 
In the foregoing case of Fortunato de la Pena, native, the acquittal is approved. 
The prisoner will be released from custody. 

III. Ramon Basa and Feliciano Mallari. natives. 

Charge I. — "Kidnaping and maltreating a fellow-native" (one specification). 

Charge II. — "Assault and battery with intent to kill " (one specification). 

Pleas. — To the charges and specifications, "Xot guilty," 

Findings. — Of the charges and specifications, "Guilty." 

Sentence. — And the commission does therefore sentence them, Ramon Basa and 
Feliciano Mallari, and each of them, "to be confined under guard at hard labor, at 
such place as the reviewing authority may direct, for five years." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 6 

In the foregoing case of Kamon Basa and Feliciano Mallari, natives, the sentences 
are confirmed, and will be duly executed at the Presidio de Manila, to which place 
the prisoners will be sent under proper guard. 

IV. Francisco Naguit, Alejo Gonzales, and Gregorio Gonzales, natives. 

Charge. — "Assault and battery with intent to kill" (one specification). 

Pleas. — To the charge and specification, "Not guilty." 

Findings. — Of the charge and specification, " Guilty." 

Sentence. — And the commission does therefore sentence them, Francisco Naguit, 
Alejo Gonzales, and Gregorio Gonzales, natives, and each of them, "to be confined 
under guard at hard labor for five years, at such place as the reviewing authority 
may designate." 

In the foregoing case of Francisco Naguit, Alejo Gonzales, and Gregorio Gonzales, 
natives, the sentences are confirmed, and will be duly executed at the Presidio de 
Manila, to which place the prisoners will be sent under proper guard. 

By command of Major-General Otis: 

M. Barber, 
Assistant Adjutant- GeneraL 



Headquarters Division of the Philippines, 

Manila, P. I., May 2, 1900. 

General Orders, No. 11. 

Before a military commission which convened at Bautista, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 33, February 2, 1900, 
Headc[uarters Department of the Pacific and Eighth Army Corps, and of which Lieut. 
Col. Charles F. Robe, Seventeenth U. S. Infantry, was president, and Capt. Frank L. 
Dodds, Ninth U. S. Infantry, was judge-advocate, was arraigned and tried Gabriel 
Cayaban, a native. 

Charge I. — "Combining and conspiring with guerrillas, contrary to the laws and 
usages of war" (three specifications). 

Charge II. — "Misconduct in office as president of a pueblo under civil government 
established by United States military authorities in the Philippine Islands" (one 
specification) . 

Plea. — To the charges and specifications the accused pleaded "not guilty." 

Findings. — Of specification 1, charge I, "not guilty;" of specification 2, charge I, 
"guilty;" of specification 3, charge I, "not guilty;" of charge I, "guilty;" of the 
specification, charge II, "guilty, except the words ' and giving information to,' and 
of the excepted words, not guilty;" of charge II, "guilty." 

Sentence. — And the commission does therefore sentence him, Gabriel Cayaban, 
native, " to be confined at hard labor, at such place as the reviewing authority may 
direct, for five years, and to be fined in the sum of $2,000, Mexican money." 

In the foregoing case of Gabriel Cayaban, native, the sentence is confirmed and 
will be duly executed; so much thereof as relates to confinement at the Presidio de 
Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General Otis: 

M. Barber, 
Assistant Adjutant- GeneraL 



Headquarters Division op the Philippines, 

Manila, P. L, May S, 1900. 
General Orders, No. 12. 

Before a military commission which convened a Iloilo, Panay, P. I., pursuant to 
paragraph 1, Special Orders, No. 66, March 7, 1900, Headquarters Department of 
the Pacific and Eighth Army Corps, and of which Col. Edmund Rice, Twenty-sixth 
Infantry, U. S. Volunteers, was president, and Capt. Dana R. Weller, Forty-fourth 
Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried: 

I. Victoriano Salamandin, a native. 

Charge I.— "Robbery" (two specifications). 

Charge II. — "Murder" (one si)ecification). 

Pleas. — To the charges and specifications, "not guilty." 

Findings. — Of the first specification, first charge, "guilty, excepting the words 
7000,' substituting therefor the words '9000;' of the excepted words, not guilty, and 
of the substituted words, guilty; and also excepting the word 'unknown,' substituting 
therefor the words 'about seven hundred dollars, Mexican money;' of the excepted 



4 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

word, not guilty, and of the substituted words, guilty," Of the second specification, 
first charge, "not guilty." Of the first charge, "guilty." Of the specifiation, 
second charge, "not guilty." Of the second charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, the said Victorian© 
Salamandin, "To be confined at hard labor for ten years, at such place as the 
reviewing authority may direct." 

In the foregoing case of Victoriano Salamandin, native, the sentence is confirmed 
and will be duly executed at the Presidio de Manila, to which place the prisoner will 
be sent under proper guard. 

II. xindres Simpia, native. 

Charge I. — "Robbery" (two specifications). 

Charge II. — "Murder" (one specification). 

Pleas. — To the charges and specifications, "not guilty." 

Findings. — Of the first specification, first charge, "guilty, except the words 7000,' 
substituting therefor the words '9000, ' of the excepted words, not guilty, and of the 
substituted words, guilty; and also excepting the word 'unknown,' substituting there- 
for the words ' about seven hundred dollars in Mexican money, ' of the excepted word 
not guilty, and of the substituted words, guilty." Of the second specification, first 
charge, "not guilty." Of the first charge, "guilty." Of the specification, second 
charge, "not guilty." Of the second charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, the said Andres 
Simpia, " To be confined at hard labor for ten years, at such place as the reviewing 
authority may direct." 

In the foregoing case of Andres Simpia, native, the sentence is confirmed and will 
be duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

III. Guillermo Sumavon, a native. 
Charge I. — "Robbery" (two specifications). 

Charge II. — " Assault with a deadly weapon " (one specification). 

Charge III. — "Murder" (one specification). 

Pleas. — To the charges and specifications, "not guilty." 

Findings. — Of the first specification, first charge, "guilty, except the words '7000,' 
substituting therefor the words '9000,' of the excepted words, not guilty, and of sub- 
stituted words, guilty, and also excepting the word ' unknown, ' substituting therefor 
the words 'about seven hundred dollars, Mexican money, 'of the excepted word, not 
guilty, and of the substituted words, guilty." Of the second specification, first 
charge, "not guilty." Of the first charge, "guilty." Of the specification, second 
charge, "guilty." Of the second charge, "guilty." Of the specification, third 
charge, "guilty." Of the third charge, "guilty." 

Sentence. — "And the commission does therefore sentence him, the said Guillermo 
Sumavon, "To suffer death by hanging at such time and place as the reviewing 
authority may direct; two-thirds of the members present of the commission concur- 
ring in said sentence." 

In the foregoing case of Guillermo Sumavon, native, the proceedings, as herein- 
after indicated, findings and sentence are approved. 

Due to failure in this case to extend the examination of witnesses to material 
points, the reviewing authority is not as fully informed as is desirable as to the con- 
ditions under which the several crimes of which the accused stands convicted were 
committed; and the failure of counsel to rigidly cross-examine witnesses upon points 
in respect of which their testimony is contradictory, and his further action in making 
admissions as to the testimony of an absent witness, damaging to the accused, with- 
out any affirmative showing that such action was with his consent, has resulted, it is 
believed, in causing the offenses committed by the accused to appear of record more 
heinous than facts might justify. 

These considerations have induced the reviewing authority to commute the death 
sentence imposed by the commission to confinement at hard labor for a period of 
twenty (20) years, which imprisonment will be duly executed at the Presidio de 
Manila, to which place the prisoner will be sent, under proper guard. 

IV. Cornelio Soldavilla, a native. 

Charge I. — "Robbery" (two specifications). 

Charge II. — "Assault with a deadly weapon" (one specification). 

Charge III. — "Murder" (one specification). 

Pleas. — To the charges and specifications, "not guilty." 

Findings. — Of the first specification, first charge, "guilty, except the words '7,000,' 
substituting therefor the words '9,000,' of the excepted words, not guilty, and of the 
substituted words, guilty; and also excepting the word 'unknown,' substituting there- 
for the words 'about 700 dollars, Mexican money,' of the excepted word, not guilty, 



CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 5 

and of the substituted words, guilty." Of the second specification, first charge, "not 
guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." 
Of the second charge, "guilty." Of the specification, third charge, "guilty," Of 
the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, the said Cornel io 
Soldavilla, " To suffer death by hanging, at such time and place as the reviewing 
authority may direct, two-thirds of the members present of said commission concur- 
ring in said sentence." 

In the foregoing case of Cornelio Soldavilla, native, the proceedings except as here- 
inafter indicated, findings and sentence are approved. 

Due to failure in this case to extend the examination of witnesses to material points, 
the reviewing authority is not as fully informed as is desirable as to the conditions 
under which the several crimes of which the accused stands convicted were commit- 
ted; and the failure of counsel to rigidly cross-examine witnesses upon points in 
respect of which their testimony is contradictory, and his further action in making 
admissions as to the testimony of an absent witness, damaging to the accused, with- 
out any affirmative showing that such action was with his consent, has resulted, it is 
believed in causing the offenses committed by the accused to appear of record more 
heinous than facts might justify. 

These considerations have induced the reviewing authority to commute the death 
sentence imposed by the commission to confinement at hard labor for a period of 
twenty (20) years, which imprisonment will be duly executed at the Presidio de 
Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General Otis: 

M. Barber, 
Assistant A djutant- General. 



Headquarters Department of the Pacific and Eighth Army Corps, 

Manila, P. L, March 8, 1900. 
General Orders, No. 16. 

I. Before a military commission, which convened at Bayambang, Province of 
Pangasinan, Luzon, P. I., February 8, 1900, pursuant to paragraph 1, Special Orders, 
No. 33, c. s., these headquarters, and of which Lieut. Col. Charles F. Eobe, Seven- 
teenth United States Infantry, is president, were jointly arraigned and tried Antonio 
Morales and Faustino Gonzales, natives. 

Charge I. — "Murder." 

Specification 1. — "In that they, Antonio Morales and Faustino Gonzales, natives, 
and each of them, on or about November 19, 1899, then as now a time of insurrec- 
tion, at or near the barrio of Abanum, pueblo of San Carlos, Province of Pangasinan, 
P. I., a place then as now in the theater of active military operations, in company of 
and consorting with a band of armed outlaws to the number of forty, more or less, 
commanded and led by the said Morales and Gonzales, did willfully, feloniously, and 
with malice aforethought kill and murder one Ramon Manson, a native, by shoot- 
ing him, the said Manson, with a gun, and stabbing him, the said Manson, with a 
bolo held in the hands of members of said band, names unknown, inflicting wounds 
therewith whereof he, the said Manson, then and there died. This at the times and 
places above specified." 

Specification 2. — "In that they, Antonio Morales and Faustino Gonzales, natives, 
and each of them, on or about November 19, 1899, then as now a time of insurrec- 
tion, at or near the barrio of Abanum, pueblo of San Carlos, Province of Pangasinan, 
P. I., a place then as now in the theater of active militar}^ operations, in company of 
and consorting with a band of armed outlaws to the number of forty, more or less, 
commanded and led by the said Morales and Gonzales, did willfully, feloniously, and 
with malice aforethought kill and murder one Juan Kosario by shooting him, the 
said Rosario, with guns held in the hands of the said Morales and Gonzales, and by 
stabbing him, the said Rosario, with a bolo held in the hands of a member of said 
band, name unknown, inflicting wounds whereof he, the said Rosario, then and 
there died. This at the times and places above specified." 

Specifications. — "In that they, Antonio Morales and Faustino Gonzales, natives, 
and each of them, on or about December 2, 1899, then as now a time of insurrection, 
at or near the barrio of Camato, pueblo of San Carlos, Province of Pangasinan, P. I., 
a place then as now in the theater of active military oi)erations, in company of 
and (consorting with a })and of armed outlaws to the number of forty, more or less, 
commanded and led by the said jNIorales and Gonzales, did willfully, feloniously, and 
with malice aforethought, kill and murder (cregorio Mayor, Vicente Parian, Feliciano 



6 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Velasqiies, and Mariano Macalaig, natives, by shooting them, the said Mayor, Parian, 
Velasques, and Macalaig, with guns and by stabbing them, the said Mayor, Parian, 
Velasqnes, and Macalaig, "with bolos held in the hands of members of said band, 
names unknown, inflicting wounds therewith whereof they, the said Mayor, Parian, 
Valesques, and Macalaig, then and there died. This at the times and places above 
specified." 

Char(;e II.— "Robbery." 

Specification I. — "In that they, Antonio Morales and Faustino Gonzales, natives, 
and each of them, on or about November 19, 1899, then as now a time of insurrec- 
tion, af or near the barrio of Abanum, pueblo of San Carlos, Province of Pangasinan, 
P. I., a place then as now in the theater of active military operations, in company of 
and consorting with a band of armed outlaws to the number of forty, more or less, 
commanded and led by the said Morales and Gonzales, did feloniously and forcibly 
take from the presence of Seilora Antonina Garcia, native, a quantity of money, 
jewelry, and other valuables, value unknown, the property of the said Antonina 
Garcia. This at the times and places above specified." 

Specification 2. — "In that they, Antonio Morales and Faustino Gonzales, natives, 
and each of them, on or about December 2, 1899, then as now a time of insurrec- 
tion, at or near the Barrio of Cacumbayan, Pueblo of San Carlos, Province of Pan- 
gasinan, P. I., a place then as now in the theater of active military operations, in 
company of and consorting with a band of armed outlaws to the number of forty, 
more or less, commanded and led by the said Morales and Gonzales, did feloniously 
and forcibly take from the presence of Senora Gregoria Abuya, native, a quantity of 
money, jewelry and other valuables, value unknown, the property of the said 
Gregoria Abuya. This at the times and places above specified. ' ' 

To which charges and specifications the accused, Antonio Morales and Faustino 
Gonzales, and each of them, pleaded as follows: To the first specification, first 
charge, "not guilty." To the second specification, first charge, "not guilty." To 
the third specification, first charge, "not guilty." To the first charge, " not guilty." 
To the first specification, second charge, "not guilty." To the second specification, 
second charge, " not guilty." To the second charge, " not guilty." 

Findings. — The commission, having maturely considered the evidence adduced, 
finds the accused, Antonio Morales and Faustino Gonzales, and each of them, of the 
first specification, first charge, "guilty," except the word "Abanum," substituting 
the word "Magtaquin," and of the excepted word "not guilty" and of the substi- 
tuted word "guilty." Of the second specification, first charge, "guilty." Of the 
third specification, first charge, "guilty," except the word "Camato," substituting 
the word "Gamato," and of the excepted word "not guilty" and of the su])stituted 
word "guilty." Of the first charge, "guilty." Of the first specifiation, second 
charge, "guihy." Of the second specification, second charge, "guilty." Of the 
second charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Antonio Morales 
and Faustino Gonzales, natives, and each of them, "to be hung by the neck until 
they, and each of them, be dead, at such time and place as the reviewing authority 
may direct, two-thirds of the members concurring therein." 

II. The proceedings and findings in the foregoing case of Antonio Morales and 
Faustino Gonzales, natives, are approved. 

The record discloses that the accused were furnished counsel by the Government 
and were accorded in all respects a fair and impartial trial. The testimony of many 
witnesses, called at their instance, was heard, and the accused themselves made 
statements to the commission. 

The evidence abundantly establishes the allegations of the charges, with unim- 
portant exceptions, which have been duly recorded, and reveals the accused as 
leaders of a band of armed native outlaws engaged in the commission of crimes 
against fellow-natives of the islands under circumstances of peculiaratrocity, unworthy 
of even a moderate degree of civiUzation. No circumstance was developed upon 
the trial which even suggests clemency, and the commanding general is of the 
opinion that the extreme penalty of the law adjudged by the commission must be 
confirmed. 

The sentences are approved and will be duly executed at the Pueblo of San Carlos, 
Province of Pangasinan, P. I., March 30, 1900, under the direction of the command- 
ing general, Second Division, Eighth Army Corps. 

By command of Major-General Otis: 

M. Barber, 
Assistant Adjutant- General. 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 7 

Hdqrs. Department of the Pacific and Eighth Ak.mv Corps, 

Manila, P. I., March 14, 1900. 
General Orders, No. 17. 

I. Before a military commission which convened at San Fernando, province of 
Pampanga, island of Luzon, Philippine Islands, February 17, 1900, pursuant to para- 
graph 1, Special Orders, No. 33, c. s., these headquarters, and of which Lieutenant- 
Colonel Charles F, Robe, 17th L^. S. Infantry, was president, and Captain Frank L. 
Dodd, 9th U. S. Infantry, was judge-advocate, was arraigned and tried Diego Matias, 
a native. 

Charge I. — "Burglary, in violation of the laws and usages of war." 

Specification. — "In that said Diego Matias, with other persons unknown, did, in 
time of insurrection, then and there being and within the territory occupied In' the 
armed forces of the L^nited States, feloniously and burglariously break and enter 
the dwelling house of Tong Kim, Maria Solamente, his wife, and Ching Apio, in the 
nighttime, with intent to commit a felony, to wit, larceny of the money, goods, and 
chattels of the said Tong Kim, Maria Solamente, his wife, and Ching Apio. This in 
the barrio of Alua, San Isidro, Luzon, P. I., on the 14th day of January, 1900." 

Charge II. — "Robbery, in violation of the laws and usages of war." 

Specification. — "In that said Diego Matias, with other persons unknown, did, in 
time of insurrection, then and there being and within the territory occupied by the 
armed forces of the United States, feloniously and forcibly take and steal from the 
persons of Tong Kim, Maria Solamente, his wife, and Ching Apio, and in the pres- 
ence of each of them, the cum of two hundred and fifty (250) pesos in silver and 
currency, and did carry away and appropriate to his own use said two hundred and 
fifty (250) pesos. This at the barrio of Alua, San Isidro, Luzon, P. I., on the 14th 
day of January, 1900." 

Charge III. — "Assault and battery, in violation of the laws and usages of war." 

Specification 1. — "In that the said Diego Matias, with other persons unknown, did, 
in time of insurrection, then and there being and within the territory occupied by 
the armed forces of the United States, feloniously and willfully assault one Tong Kim, 
and did bind him with a rope and otherwise beat, bruise, wound, and illtreat him, 
the said Tong Kim. This at the Imrrio of Alua, San Isidro, Luzon, P. I., on the 
14th day of January, 1900." 

Specification 2. — "In that said Diego Matias, with other j^ersons unknown, did, in 
time of insurrection, then and there being and within the territory occupied l)y the 
armed forces of the United States, feloniously and willfully assault one Ching Apio, 
and did strike him, the said Ching Apio, with his lists, and did otherwise beat, bruise, 
wound, and illtreat him, the said Ching Apio. This at the barrio of Alua, San Isidro, 
Luzon, P. L, on the 14th day of January, 1900." • 

Plea. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." To the first specification, third charge, "not guilty." To the second 
specification, third charge, "not guilty." To the third charge, "not guilty." 

Finding. — Of the specification, charge 1, "Guilty," with the exception of the 
words and figures, "the 14th," sul)stituting the words, "or about the 14th," of 
the excepted words "not guilty," of the substituted words "guilty." Of the first 
charge, "guilty." Of the specification, charge 2, "guilty," with the exception of the 
words and figures, "the 14th," substituting the word«! "or about the 14th," of the 
excepted words "not guilty," of the substituted words "guilty." Of the second 
charge, "guilty." Of the fiVst specification, charge 3, "not guilty." Of the second 
specification, charge 3, "guilty," with the exception of the word "fists," substituting 
therefor the word "bolo," and with the exception of the words " beat, bruise, wound, 
and," of the excepted words "not guilty," and of the substituted word "guilty." 
Of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Diego Matias, citi- 
zen and resident of barrio Alua, San Isidro, Luzon, P. I., "to be confined at hard 
labor for ten (10) years at such place as the reviewing authority may direct." 

II. In the foregoing case of Diego Matias, the evidence adduced was not sufficient 
to prove the crime of burglary, and the findings of the commission thereon are dis- 
approved. Subject to this exception the proceedings and findings are approved. 

The sentence is approved and will be duly executed. Bilibid military prison, 
Manila, P. I., is designated as the place of confinement, to which place the prisoner 
will be sent under proper guard. 
B\' command of Major-General Otis: 

M. Barber, 
Assistant Adjutant- General, 



8 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division op the Philippines, 

Manila, P. L, May 17, 1900. 
General Orders, No. 21. 

Before a military commission which convened at Calamba, Luzon, P. I., pursuant 
to paragraph 3, Special Orders, No. 48, Headquarters Department of the Pacific and 
Eighth Army Corps, February 17, 1900, and of which Lieut. Col. Edward B. Pratt, 
Forty-sixth Infantry U. S. Vols., was president, and Capt. Charles R. Howland, 
Twenty-eighth Infantr}^ U. S. Vols., was judge-advocate, was arraigned and tried 
Januario Francisco, a native. 

Charge I. "Murder" (one specification ) . 

Charge II. " Illegal warfare " ( one specification) . 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "guilty, except the words 'and who 
did proclaim that he, the accused, would kill Tagalos who accepted positions under 
the Americans within three days after such acceptance;' of the excepted words, not 
guilty." To the second charge, "not guilty." 

Findings. — Of the charges and specifications, "guilty." 

Sentence. — And the commission does therefore sentence him, Januario Francisco, 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Januario Francisco, native, it appears that the murder 
alleged in charge one and its specification was committed by three persons, formerly 
soldiers in the insurgent army and now members of a guerrilla organization operating 
around Santa Cruz, and in pursuance of a written order from an insurgent leader 
signing himself "El Gral. Jefe P. M., Juan Cailles;" that said order was directed to- 
and received by two officers of said guerrilla force, the accused and one Marino, each 
of them holding the rank of first lieutenant; that about twenty-four hours before the 
murder was committed the accused was apprehended and put in prison at Santa 
Cruz, where he was at the time of the killing, while the other lieutenant was still at 
large and free to execute the order. While the accused may have been an accessory 
before the fact to the murder, even that is not proven with that degree of certainty 
which the law requires. The evidence of record leaves within reason an hypothesis 
that the other lieutenant and men under him may have effected the murder inde- 
pendently of the accused. For this reason the finding to the first charge is dis- 
approved. 

There is no doubt as to the correctness of the finding of guilty of the second. It 
is therefore approved. The sentence is confirmed but is commuted to twenty (20) 
years' imprisonment at hard labor, which will be duly executed at the Presidio de- 
Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-GeneralTNIacArthur: 

M. Barber, 
Assistant Adjutant- GeneraL 



Headquarters Division of the Philippines, 

Manila, P. I., May 17, 1900. 
General Orders, No. 22. 

Before a military commission which convened at Batangas, province of Batangas, 
Luzon, P. L, pursuant to paragraph 3, Special Orders, No. 81, Headquarters Depart- 
ment of the Pacific and 8th Army Corps, March 26, 1900, and of which Col. George 
S.Anderson, Thirtv-eighth Infantrv, U. S. Vols., was president, and Capt. John S. 
Powell, Thirty-eighth Infantry, U.'S. Vols., was judge-advocate, was arraigned and 
tried Angel Padua, a native. 

Charge. — "Murder" (one specification). 

Pleas. — To the charge and specification, "not guilty." 

Findings. — Of the charge and specification, "guilty." 

Sentence. — And the commission does therefore sentence him. Angel Padua, 
native, "To be confined at hard labor, at such place as the reviewing authority may 
direct, for twenty (20) years." 

In the foregoing case of Angel Padua, native, it appears that when the prosecution 
rested no evidence which incriminated the accused had been adduced. The accused 
was then, at his own request, duly sworn as a witness and himself furnished the 
testimony ui)on which the conviction in this case is based. This evidence was 
elicited by questions asked the accused by his counsel, an officer of the Army 
detailed to act in that capacitv. 

The law governing the cominission which tried this case accords to an accused the 
right to testify or not in his own behalf, and this right it is the duty of counsel to 



CHARGES OF CRUELTY, ETC., TO FILIPIT^OS. 9 

carefully guard; it was especially his duty toward this accused who, by his own 
statement, which is not contradicted, is only 13 years of age and was presumably 
without information as to his rights. 

Other facts of record in this case tend to palliate the offense committed and the 
reviewing authority is convinced that the ends of justice will be met by mitigation 
of the punishment adjudged to imprisonment for five (5) years. As mitigated the 
sentence is confirmed and will be duly executed at the Presidio de ^Manila, to which 
place the accused will be sent under proper guard. 

By command of Major-General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., June 11, 1900. 
General Orders, No. 31. 

Before a military commission which convened at Aparri, P. I.,A23ril 26, 1900, pur- 
suant to paragraph 2, Special Orders, No. 79, March 24, 1900, Headquarters Depart- 
ment of the Pacific and Eighth Army Corps, and of which ]Maj. Henry C. Ward, 
Sixteenth C S. Infantry, was president, and First Lieut. Guy G. Palmer, Sixteenth 
U. S. Infantry, was judge-advocate, were arraigned and tried: 

I. Isidoro Cesar Martin, a native. 

Charge I. — " Eobbery " (three specifications). 

Charge II. — "Assault and battery " (one specification). 

Charge HI. — " Violating parole " (one specification). 

Charge IV. — "Murder" (two specifications). 

Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- 
cation, first charge, ' ' not guilty; ' ' to the third specification, first charge, ' ' not guilty; ' ' 
to the first charge, "not guilty;" to the specification, second charge, "guilty;" to 
the second charge, "guilty;" to the specification, third charge, "not guilty;" to the 
third charge, "not guilty;" to the first specification, fourth charge, "guilty;" to the 
second specification, fourth charge, "guilty;" to the fourth charge, "guilty." 

Findings. — Of the first specification, first charge, "guilty;" of the second specifi- 
cation, first charge, "not guilty;" of the third specification, first charge, "guilty;" 
of the first charge, "guilty;" of the specification, second charge, "guilty;" of the 
second charge, "guilty;" of the specification, third charge, "guilty;" of the third 
charge, "guilty;" of the first specification, fourth charge, "guilty;" of the second 
specification, fourth charge, "guilty;" of the fourth charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Isidoro Cesar Martin, 
native, "to be hung by the neck until he be dead, at such time and place as the 
reviewing authority may direct, an unanimous concurrence therein." 

In the foregoing case of Isidoro Cesar Martin, native, the evidence submitted in 
support of Charge I, and its first and third specifications, was mainly hearsay, and 
fails to sustain the findings of guilty thereunder; these findings are therefore disap- 
proved. The written certificate which is the basis of the third charge and its speci- 
cation fails to recite any explicit pledge of the accused to refrain from again engaging 
in hostilities, and it appearing from the record that the accused did not understand it 
to recite such pledge, the findings under this charge must likewise be disapproved. 

To the second and foui'th charges, the former alleging aggravated assault and bat- 
tery and the latter murder, the accused has plead guilty. No evidence whatever was 
taken by the commission on these charges, and the findings of guilty thereunder and 
the sentence of death imposed rest solely upon the plea of the accused. 

Had this plea been intelligently made it is undoubtedly true that it Avould have 
supported the findings and sentence adjudged. It is, however, the better practice, 
and one which has been frequently enjoined in orders, that military tribunals in con- 
nection with such plea receive and spread upon their records such evidence as may 
afford a knowledge of all the relevant circumstances attending the commission of the 
crimes alleged; this in order that the convening authority, in the exercise of his 
powers as reviewing officer and in the matter of clemency, may be fully advised. 
This course was especially incumbent in this case, where the accused, obviously a 
man of limited intelligence and education, was wholly unacquainted with the pro- 
cedure of the tribunal before which he was tried and with the provisions of laws of 
war applicable to his case. 

For the reasons above indicated the sentence in this case is mitigated to confine- 
ment at hard labor for the period of fifteen years. As mitigated, the sentence will 
be duly executed at the Presidio de Manila, to which place the prisoner will l>e sent 
under proper guard. 



10 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

II. Leonzo Fornazier, native. 

Charge I. — " Robbery " (two specifications). 

Charge II. — ''Assault and battery" (two specifications). 

Charge III. — "Murder" (two specifications). 

Charge IV. — '"Violating parole" (one specification). 

Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- 
cation, first charge, "not guilty;" to the first charge, "not guilty;" to the first speci- 
fication, second charge, "not guilty;" to the second specification, second charge, 
"not guilty;" to the second charge, "not guilty;" to the first specification, third 
charge, "not guilty;" to the second specification, third charge, "not guilty;" to the 
third charge, "not guilty;" to the specification, fourth charge, "not guilty;" to the 
fourth charge, "not guilty." 

Findings. — Of the first specification, first charge, "not guilty;" of the second speci- 
fication, first charge, "not guilty;" of the first charge, "not guilty;" of the first 
specification, second charge, "guilty;" of the second specification, second charge, 
"guilty;" of the second charge, "guilty:" of the first specification, third charge, 
"not guilty;" of the second specification, third charge, "guilty;" of the third 
charge, "guiltv:" of the specification, fourth charge, "guiltv;" of the fourth charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Leonzo Fornazier, 
native, "To be confined at hard labor, in such penitentiary as the reviewing authority 
may direct, for a period of ten years. ' ' 

In the foregoing case of Leonzo Fornazier, native, the proceedings and findings are 
subject in the main to the comment of the reviewing authority in the case of Isidoro 
Cesar Martin. The sentence is confirmed and will be duly executed at the Presidio 
de Manila, to which point the accused will be sent, under proper guard. 

III. Sinforoso Herrera, native. 

Charge I. — "Robbery" (two specifications). 

Charge II. — "J ssault and battery" (one specification). 

Charge III. — " ^Murder ' ' ( two specifications ) . 

Charge IV. — ••Violating parole" (one specification). 

Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- 
cation, first charge, "not guilty;" to the first charge, "not guilty;" to the specifica- 
tion, second charge, "not guilty;" to the second charge, "not guilty;" to the first 
specification, third charge, "not guilty;" to the second specification, third charge, 
"not guilty;" to the third charge, "not guilty;" to the specification, fourth charge, 
* ■ not guilty ; " to the fourth charge, "not guilty. ' ' 

Findings. — Of the first specification, first charge, "not guilty; " of the second sx)eci- 
fication, first charge, "not guilty;" of the first charge, "not guilty:" of the sj^ecifi- 
cation, second charge, "not guilty;" of the second charge, "not guilty;" of the first 
specification, third charge, "not guilty;" of the second specification, third charge, 
"guilty;" of the third charge, "guilty;" of the specification, fourth charge, "guilty;" 
of the fourth charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Sinforoso Herrera, 
native, ' ' To be hung by the neck until dead, at such time and place as the re\'iewuig 
authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Sinforoso Herrera, native, the remarks of the reAdewing 
authority in the case of Isidoro Cesar ^lartin are in the main a])plicable. The sen- 
tence is mitigated to confinement at hard labor for a period of ten years, and, as 
mitigated, will be duly executed at the Presidio de ^Manila, to which point the pris- 
oner will be sent, under proper guard. 

IV. Juan Pico, a native. 

Charge. — "Murder" (one specification). 

Pleas. — To the specification, "guilty of assisting others in the killing of the China- 
man, by the order of Martin;" to the charge, "not guilty of murder, but guilty of 
killing the Chinaman under orders." 

Findings. — Of the specification, "guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him. Juan Pico, native, 
"to Vje hung by the neck until he be dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Juan Pico, native, the proceedings and findings are 
approved. The sentence is approved, but is mitigated to confinement at hard labor 
for the period of five years. As thus mitigated, the sentence will be duly executed 
at the Presidio de Manila, to which place the prisoner will be sent, under proper 
guard. 

V. Segundo Luguilug, a native. 

Charge. — "Insurrection against the Government of the United States of America" 
(one specification). 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 11 

Pleas.— To the specification, " not guilty ;' ' to the charge, "not guilty." 
Findings. — Of the specification, "not guilty;" of the charge, "not guilty." 
And the commission does therefore "acquit" him, Segundo Luguilug, native. 
In the foregoing case of Segundo Luguilug, native, the proceedings, tindings, and 
acquittal are approved. The accused will be released from custody. 

VI. Paulo Galicia, a native. 

Charge I. — "Treason" (one specification). 

Charge II. — "Robbery" (two specifications). 

Charge III. — "Assault and battery" (one specification). 

Charge IV. — "Murder" (one specification ~i . 

Pleas. — To the specification, first charge, /'not guilty;" to the first charge, "not 
guilty;"" to the first specification, second charge, "not guilty;" to the second speci- 
fication, second charge, "not guilty;" to the second charge, "not guilty;" to the 
specification, third charge, "not guilty;" to the third charge, "not guilty;" to the 
specification, fourth charge, "not guifty;" to the fourth charge, "not guilty." 

Findings. — Of the specification, first charge, "guilty, but being forced, attach no 
criminality thereto;" of the first charge, "guilty, but being forced, attach no crim- 
inality thereto;" of the first specification, second charge, "not guilty;" of the second 
specification, second charge, "not guilty;"' of the second charge, "not guilty;" of 
the specification, third charge, "not guilty;" of the third charge, "not guilty;" of 
the specification, fourth charge, "not guilty;" of the fourth charge, "not guilty." 

And the commission does therefore ""acquit"' him, Paulo Galicia, native. 

In the foregoing case of Paulo Galicia, native, it is remarked that the findings on 
the first charge and specification are not in i^roper form. With this exception the 
proceedings, findings, and acquittal are approved. The accused will be released 
from custody. 

VII. Xicomedes Paderna, a native. 

Charge. — " Violating parole " (one specification). 

Pleas. — To the specification, " not gailty: " to the charge, " not guilty." 
FindinCtS. — Of the specification, " not guilty: '" of the charge, "not guilty." 
And the commission does therefore "acquit"" him, Xicomedes Paderna, a native. 
In the foregoing case of Xicomedes Paderna, native, the proceedings, findings, and 
acquittal are approved. The accused will be released from custody. 
By command of IMajor-General ^lac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., June 11, 1900. 
General Orders, Xo. 32. 

Before a military commission which convened at Bautista, province of Pangasinan, 
Luzon. P. I., pursuant to paragraph 1, Special Orders, Xo. 33, Headquarters Depart- 
ment of the Pacific and Eighth Army Corps, FeVjruary 2, 1900, and of which Lieut. Col. 
Charles F. Robe, Seventeenth U. S. Infantry, was president, and Capt. Frank L. 
Dodds, Ninth L". S. Infantry, was judge-advocate, were arraigned and tried: Buena- 
ventura Gamboa, Cipriano Villapa, Felizardo Mariano, Nicolas Melinderas, Cipriano 
Saribay, and Hilario Nicolas, natives. 

Charge. — " Murder." 

Specification. — "In that Buenaventura Gamboa, Cipriano Villapa, Felizardo 
Mariano, Nicolas Melinderas, Cipriano Saribay, and Hilario Nicolas, natives, and 
each of them, at the barrio of Quitaquita, pueblo of Bulangao, province of Panga- 
sinan, Luzon, in territory then as now occupied by L'nitedStates troops, and at a 
time then as now of insurrection against the lawful authority of the United States, 
did willfully, feloniously, and with malice aforethought kill and murder a native 
jMacabebe, name unknown, by beating the said Macabebe with a club held in the 
hands of the said Nicolas 3Ielinderas, Hilario Nicolas, and Cipriano Villapa, and by 
stabbing the said Macabebe with a knife held in the hands of the said Buenaventura 
Gamboa. 

"This at the place above specified, about 5 o'clock p. m. on or about March 16, 
1900." 

Pleas. — To the specification, "not guilty; to the charge, "not guilty." 

Findings. — Of the specification, "guilty, except the words 'Hilario Nicolas' and 
'Cipriano Villapa' as they occur between the words 'Melinderas' and 'and by stab- 
bing,' substituting therefor the words 'Felizardo Mariano' and 'Cipriano Saribay,' 
of the excepted words not guiltv, of the substituted words guiltv." Of the charge, 
"guilty." 



12 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Sentence. — And the commission does therefore sentence them, Buenaventura 
Gamboa, Cipriano Villapa, Felizardo Mariano, Xicolas MeUnderas, Cipriano Saribaj^ 
and Hilario Nicolas, as follows: "Buenaventura Gamboa to be hung by the neck 
until he be dead, at such time and place as may be designated by the reviewing 
authority, two-thirds of the members present concurring; Felizardo Mariano, Cipriano 
Saribay, and Nicolas ^Nlelinderas, and each of them, to be confined at hard labor, at 
such place as the reviewing authority may designate, for twenty (20) years; Cipriano 
Yillapa to l)e confined at hard labor, at such place as the reviewing authority may 
direct, for fifteen (15) years; and Hilario Nicolas to be confined at hard labor, at such 
place as the reviewing authority may direct, for ten (10) years." 

In the foregoing case of Buenaventura Gamboa, Cipriano Villapa, Felizardo Mari- 
ano, Nicolas Melinderas, Cipriano Saribay, and Hilario Nicolas, natives, it appears 
that the Macabebe, who was murdered by the defendants, was unarmed at the time, 
Avas engaged in peaceful pursuits and was going on foot along the road leading through 
the barrio of Quitaquita, pueblo of Bulangao, province of Pangasinan, Luzon, P. I., 
when suddenly he was set upon by a band composed of the accused persons, armed 
with knives and clubs, and of which Buenaventura Gamboa was the ringleader; that 
he was severely beaten and was finally stabbed to death by Buenaventura Gamboa. 
The said Gamboa makes no denial of the assault or of the killing, but freely admits 
it, stating that the deed was committed in pursuance of orders received from the vice- 
president of the town of Bulangao. The vice-president denies this and says that he 
sent no such orders. However this may be, there can be no doubt about the physical 
facts nor about the criminality of the deed. The sentences are, therefore, approved. 
The sentence of death by hanging awarded Buenaventura Gamboa will be duly exe- 
cuted in the barrio of Quitaquita, pueblo of Bulangao, province of Pangasinan, Luzon, 
P. I., on the 13th day of July, 1900, under the direction of the commanding general, 
Department of Northern Luzon. The sentence of twenty years confinement awarded 
to Felizardo Mariano, Cipriano Saribay, and Nicolas Melinderas; the sentence of 
fifteen years' confinement awarded Cipriano Villapa, and the sentence of ten years' 
confinement awarded Hilario Nicolas, will be duly executed at the Presidio de 
Manila, to which place the prisoners will be sent, under proper guard. 

By command of Major-General Mac Arthur: 

M. Barbee, 
Assistant Adjutant- General. 



Headquartees Division of the Philippines, 

Manila, P. I., June 19, 1900. 
General Orders, No. 33. 

Before a military commission which convened at Batangas, province of Batangas, 
Luzon, P. L, May 10, 1900, pursuant to paragraph 3, special orders. No. 81, Head- 
quarters Department of the Pacific and Eighth Army Corps, March 26, 1900, and of 
which Col. George S. Anderson, Thirty-eighth Infantry, V. S. Vols., was president, 
and Capt. John S. Powell, Thirty-eighth Infantry, U. S. Vols., was judge-advocate, 
was arraigned and tried Catalino Gihano, a native. 

Chaege. — "Assault with intent to do great bodily harm" (one specification). 

Pleas. — To the specification, "not guilty; " to the charge, "not guilty." 

Findings. — Of the specification, "guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Catalino Gihano, a 
native, "to be confined at hard labor, at such place as the reviewing authority may 
direct, for five years." 

In the foregoing case of Catalino Gihano, native, the proceedings and findings are 
approved. The sentence is confirmed, but is mitigated to confinement at hard labor 
for the period of two years. As thus mitigated, the sentence will be duly executed 
at the Presidio de Manila, to which place the prisoner will be sent under proper 
guard. 

By command of Major-General Mac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, July 2, 1900. 
General Orders, No. 42. 

Before a military commission which convened at Aparri, province of Cagayan, 
Luzon, P. I. , pursuant to paragraph 11 , special orders, No. 79, Headquarters Department 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 13 

of the Pacific and Eighth Army Corps, March 24, 1900, and of which Maj. Henry C. 
Ward, Sixteenth U. S. Infantry, was president, and Lieut. Guy C. Pahner, Sixteenth 
U. ^. Infantry, was judge-advocate, was arraigned and tried Jacinto Ebron, a native. 

Chakge. — "Insurrection against the Government of the United States of America" 
( one specification ) . 

Pleas. — To the specification, "not guilty:" to the charge, "not guilty." 

Findings. — Of the specification, "guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Jacinto Ebron, native, 
"to be confined at hard labor, for the period of five years, in such penitentiary as the 
reviewing authority may direct." 

In the foregoing case of Jacinto Ebron, native, it appears that the accused was a 
member of a band of armed outlaws. 

This band operated in Cagayan Province, Luzon, during the early part of this year, 
committing various outrages upon the natives and keeping the whole population in a 
constant state of terror. 

The identity of the accused as a member of the band, and as having been present 
upon the occasion of the crime here charged, is clearly proven. The proceedings and 
findings uere approved June 28, 1900. The sentence of confinement at hard labor 
for the period of five years was approved on that date and will be duly executed at 
the Presidio de Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

M. Baeber, 
Assistant Adjuta nt - General. 



Headquarters Division of the Philippines, 

Maniki, P. J., July ;.^, 1900. 
General Orders, Xo. 43. 

Before a military commission which convened at Laoag, province of Ilicos Norte, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 64, ofiice of military gov- 
ernor of northwestern Luzon, P. I., and headquarters separate brigade. Eighth Army 
Corps, April 2, 1900, and of which Maj. Samuel 31. Swigert, Third L^nited States 
Cavalry, was president, and Lieut. "Wilson G. Heaton, Thirty-fourth Infantry, L". S. 
Volunteers, was judge-advocate, was arraigned and tried Leocadio Macoco, a native. 

Charge. — "Murder" (one specification). 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 

Findings. — Of the specification, "guilty, except the words, ' kill and murder by 
striking and stabbing with a bolo,' and for the excepted words substituting the Avords, 
' assist said Adriano Macoco and Ambrosio Macoco, who did kill and murder by 
striking and stabbing with a bolo; ' of the excepted words, ' not guilty; ' of the substi- 
tuted words ' guiltv. ' " Of the charge, ' ' guilty as accessory before and after the 
fact." 

Sentence. — And the commission does therefore sentence him, Leocadio Macoco, a 
native, "to be hung by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Leocadio Macoco, charged with the murder of Antonio 
Pobre, the evidence shows that the latter was cabeza of the barrio of Masnitac, 
pueblo of Pacay, Ilocos Xorte, and left his home on the afternoon of February 13, 
1900, to collect taxes due for personal cedulas; that at a place called Oaiahe stopped 
m front of the house of the accused, where a party had gathered in celebration of the 
marriage of a native of that place, and there demanded payment for their cedulas of 
two of his " tributantes," Adriano and Ambrosio Macoco, brothers, and cousins of 
the accused, who were of the party there present; that these said that that was not 
the place to demand payment, that where they lived was, and declined to pay for 
their cedulas. 

The testimony shows that after this verbal altercation the murdered man struck 
with his whip Adriano ^Macoco three times across the face and was then dragged 
from his horse by Adriano and Ambrosio; that while attempting to draw his bolo 
this was taken from him by Adriano Macoco, who struck with it Antonio Pobro, 
then and subsequently Mhen the latter was lying on the ground, the blows that 
resulted in his death, and that, notwithstanding the evidence as to the blows with 
the whip by the murdered man and the attempt by him to draw his bolo — which is 
given either by the relatives or neighbors of the accused — his death was a cruel and 
deliberate murder by Adriano and Ambrosio Macoco. 

The accused is found guilty as accessory before and after the fact, and though there 
is some technical error in such a finding, it is not deemed of such a nature as to neces- 



1-4 CHARGES OF CRUELTT. ETC., TO FILIPIXOS. 

sitate disapproval, the evidence showing that the accused uttered certain words to 
the principals before the commission of the crime that might have contributed thereto, 
and afterwards assisted the principals in carrying away and burying the body of the 
murdered man. ■• 

The sentence was confirmed June 29. 1900: but it appearing, upon a (careful reading 
of the record, that the accused might not have intended that there should follow 
from his words and subsequent acts that which the court has found was their effect, 
the sentence was on that date commuted to confinement at hard labor for the period 
of ten years. As thus commuted, the sentence will l)e duly executed at the Presidio 
de Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General !Mac Arthur. 

M. Barber. 
Assistant Adjutant-General. 



Headquaktees Division of the Philippines, 

Manila, P. /., July 8, 1900. 
General Orders. Xo. 47. 

Before a military commission which convened at Bautista, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph I, Special Orders, Xo. 33, Headquarters Depart- 
ment of the Pacific and Eighth Army Corps. February 2, 1900, and of which Lieut. 
Col. Charles F. Robe, Seventeenth U. S. Lifantry. was president, and Capt. Frank L. 
Dodds, Xinth L. S. Infantry, was judge-advocate, was arraigned and tried: 

I. Gronzalo Mauipon, Francisco Gazmen. Gregorio Salazar, Cayetano L'son. Xic- 
anor de Lena, Agaton Aquindi. Vitaliano Salazar, Mercelino Concha, and Pedro 
Gano, natives. 

Charge. — "Murder" [one specifications. 

Pleas.— To the specification, ''not guilty."' To the charge, ''not guilty." 

Findings. — Of the specification, ''guilty, except the words 'andbolos,' 'wilfully, 
feloniously, and of malice aforethought' and 'and murder,' of the excepted word's, 
not guilty." Of the charge, "not guilty, but guilty of manslaughter." 

Sentence. — And the commission does therefore sentence them, Gonzalo Manipon, 
Francisco Gazmen. Gregorio Salazar, Cayetano L'son, Xicanor de Lena, Agaton 
Aquindi, Vitaliano Salazar, Mercelino Concha, and Pedro Gaiio, and each of them, 
"To be confined at hard labor, at such place as the reviewing authority may direct, 
for five years." 

In the foregoing case of Gonzalo Manipon, Francisco Gazmen, Gregorio Salazar, 
Cayetano Uson, Xicanor de Lena, Agaton Aquindi, Vitaliano Salazar, Mercelino 
Concha, and Pedro CTano. natives, the proceedings and findings are approved. The 
sentence of confinement at hard labor for the term of five years awarded each of these 
defendants is confirmed and will be duly executed at the Presidio de ^Manila, to which 
place they will be sent under proper guard. 

II. Severino Concha, native. 

Charge. — "Instigating, ordering and procuring robbery and murder, in violation 
of the laws of war" (one specification). 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 

Findings. — Of the specification, "guilty, except the words 'and procure.' 'pro- 
curing,' 'procured,' 'and so procured as aforesaid," of the excepted words, not guilty." 
Of the charge, "guilty, except the words 'and procuring robbery and,' inserting 
between the worcls 'instigating' and 'ordering' the word 'and,' of the excepted 
words, not guilty, of the inserted word, guilty." 

Sentence. — And the commission does therefore sentence him, Severino Concha, 
native, "To be confined at hard labor, at such place as the reviewing authority may 
direct, for a period of ten years." 

In the foregoing case of Severino Concha, native, the proceedings and findings are 
approved. The sentence is confirmed and will be duly executed at the Presidio de 
Manila, to which place the prisoner will be sent under proper guard. 

III. Joaquin Golingo, native. 

Charge. — "Instigating, ordering and procuring robbery and murder, in violation 

of the laws of war ' ' ( one specification ) . 

Pleas. — To the specification, "not guilty.*' To the charge, "not guilty." 
Findings. — Of the specification, " not guilty. " " Of the charge, "not guilty." 
And the commission does therefore ''acquit"" him, Joaquin Golingo, native. 
In the foregoing ease of Joaquin Golingo, native, the proceedings, findings, and 

acquittal are approved. The accused will be released from confinement. 
B\- command of !Major-Cieneral Mac Arthur: 

M. Barber, 
Assistant A djuta n t- Gen era I. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 15 

Headquarters Division of the Philippines, 

Manila, P. 7., July 8, 1900. 
General Orders, No. 48. 

Before a military commission Avhich convened at Batangas, province of Batangas, 
Luzon, P. I., pursuant to paragraph 3, special orders, Xo. 81, Headquarters Depart- 
ment of the Pacific and Eighth Army Corps, March 26, 1900, and of which Col. 
George S. Anderson, Thirty-eighth Infantry, U. S. Vols., Avas president and CajDt. 
John S. Powell, Thirty-eighth Infantry, U. S. Vols., was judge-advocate, was arraigned 
and tried : 

I. Miliano Catapan, native. 

Charge. — " Assault with intent to kill" (one specification). 
Pleas. — To the specification, "not guilty;" to the charge, "not guilt}'." 
Findings. — Of the specification, "not guilty;" of the charge, "not guilty." 
And the commission does therefore "acquit" him, Miliano Catapan, native. 
In the foregoing case of Miliano Catapan, native, the proceedings, findings, and 
acquittal are approved. The accused will be released from confinement. 

II. Jose Claro de Jesus, native. 

Charge. — "Violation of the laws of war" (two specifications). 

Pleas. — To the first specification, "not guilty;" to the second specification, "not 
guilty;" to the charge, "not guilty." 

Findings. — Of the first specification, "not guilty;" of the second specification, 
"not guilty; " of the charge, "not guilty." 

The commission does therefore "acquit" him, Jose Claro de Jesus, native. 

In the foregoing case of Jose Claro de Jesus, native, the proceedings, findings, and 
acquittal are approved. The accused will be released from confinement. 

By command of Major-General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. /., Juhj 11, 1900. 
General Orders, Xo. 51. 

Before a military commission which convened at Laoag, Ilocos Xorte, Luzon, P. I., 
April 26, 1900, pursuant to paragraph 2, special orders, Xo. 64. Office Military Gov- 
ernor of Xorthwestern Luzon and Headquarters Separate Brigade, Eighth Armv 
Corps, April 2, 1900, and of which Maj. Samuel M. Swigert, Third L^. S. Cavalry, 
was president and first Lieut. Wilson G. Heat on. Thirty-fourth Infantry, L". S. Vols., 
was judge-advocate, was arraigned and tried Cerferino Francisco, a native. 

Charge. — "Murder" (two specifications). 

Pleas. — To the first specification, "not guilty;" to the second specification, "not 
guilty;" to the charge, "not guilty." 

Findings. — Of the first specification, "guilty;" of the second specification, 
"guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Cerferino Francisco, 
native, "To be hung by the neck until dead, at such time and place as the review- 
ing authority may direct; two-thirds of the commission concurring therein." 

In the foregoing case of Cerferino Francisco, native, there is some technical error 
in the findings under the first specification and under the charge, but it is not deemed 
of such a nature as to necessitate disapproval. The finding under the second speci- 
fication is disapprove<l, there being no evidence to connect the accused with the 
commission of the acts therein charged. The sentence is confirmed but is mitigated 
to confinement at hard labor for the period of twenty years at Bilibid Prison, to 
which point the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

M. Barber, 
Assistant Adjutant-General. 



Headyuarters Division of the Philippines, 

Manila, P. L, Juhj 11, 1900. 
General Orders, Xo. 52. 

Before a military commission which convened at A}iarri, province of Cagavan, 
Luzon, P. I., May 28, 1900, pursuant to paragrai)h 11, Special Orders, Xo. 79, Head- 
quarters Department of the Pacific and Eighth Armv Corps, March 24, 1900, and of 



16 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

which Maj. Henry C. Ward, Sixteenth U, S. Infantry, was president, and First 
Lieut. Guy G. Pahner, Sixteenth U. S. Infantry, was judge-advocate, was arraigned 
and tried: 

I. Graciano Dumaval, native. 

Chakge I. — "Instigating riot and ordering kiUing Chinese inhabitants, in viola- 
tion of the laws and usages of war" (one specification). 

Charge II. — "Robbery, in violation of the laws and usages of war" (one specifi- 
cation ) . 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilt V." To the specification, second charge, "notguiltv." To the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty, except to the word 'partici- 
pate, and of the excepted word, ' not guilty. ' " Of the second charge, ' ' guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Graciano Dumaval, 
native, "To be confined at hard labor, in such penitentiary as the revieAving author- 
ity may direct, for three years." 

In the foregoing case of Graciano Dumaval the record discloses many irregularities, 
among whicharetobe noticed the admission of an ex parte affidavit prejudicial to the 
accused and numerous leading questions upon examination in chief. Even taking 
into consideration the objectionable testimony, the evidence of record does not over- 
come the presumption of innocence to which every accused person tried by military 
tribunal is entitled. 

The proceedings, findings, and sentence are therefore disapproved and the accused 
will be released from custody. / 

II. Timoteo Picson, native. 

Charge I. — "Robbery, in violation of the laws and usages of war" (one specifi- 
cation). 

Charge ii. — "Murder" (one specification). 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guiltv." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guiltv." Of the specification, second charge, "notguiltv." Of the seond charge, 
*' not guilty." 

Sentence. — The commission does therefore sentence him, Timoteo Picson, native, 
" To be confined at hard labor, in such penitentiary as the reviewing authority may 
direct, for ten years." 

In the foregoing case of Timoteo Picson the record discloses many irregularities, 
among which are to be noticed the admission of an ex parte affidavit prejudicial to 
the accused and numerous leading questions upon the examination in chief. Even 
taking into consideration the objectionable testimony, the evidence of record does 
not overcome the presumption of innocence to which every accused person tried by 
a military tribunal is entitled. 

The proceedings, findings, and sentence are therefore disapproved and the accused 
will be released from custody. 

III. Domingo Danga, native. 

Charge. — "Violations of the laws of war, in giving information to the enemy" 
(one specification) . 
Pleas. — To the specification, "guilty." To the charge, "guilty." 
Findings. — Of the specification, " guilty." Of the charge, "guilty." 
Sentence. — And the commission does therefore sentence him, Domingo Danga, 
native, "To be confined at hard labor, in such penitentiary as the rcAdewing author- 
ity may direct, for one year." 

In the foregoing case of Domingo Danga, native, the proceedings and findings are 
approved. The sentence was confirmed on July 8, and will be duly executed at the 
Presidio de Manila, to which place the prisoner will be sent, luider proper guard. 
By command of Major-General Mac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., July U, 1900. 
General Orders, Xo. 54. 

I. Before a military commission which convened at Iloilo, P. I., May 21, 1900, 
pursuant to paragraph 5, Special Orders, No. 29, May 17, 1900, Headquarters Depart- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. l7 

ment of the Visayas, and of Avhich Col. Edmund Rice, Twenty-sixth Infantry, U. S. 
Vokmteers, was president, and Capt. Edwin F. Glenn, Twenty-fifth U. S. Infantry, 
was judge-advocate, was arraigned and tried Mariano Aguilar, alias Moro Montor, a 
native. 

Charge I. — "Murder" (eight specifications). 

Charge II. — "Assault and battery with intent to kill" (three specifications). 

Charge III. — "Arson" (fifteen specifications). 

Charge IV. — "Burglary" (five specifications). 

Charge V. — "Robbery" (seven specifications). 

Pleas. — To the charges and specifications the accused pleaded "not guilty." 

Findings. — Of the first specification, first charge, "guilty." Of the second speci- 
fication, first charge, "guilty." Of the third specification, first charge, "guilty." 
Of the fourth specification, first charge, "guilty." Of the fifth specification, first 
charge, "guilty." Of the sixth specification, first charge, "guilty." Of the sev- 
enth specification, first charge, "guilty." Of the eighth specification, first charge, 
"guilty." Of the first charge, "guilty." Of the first specification, second charge, 
"guilty." Of the second specification, second charge, '^guilty." Of the third speci- 
fication, second charge, "not guilty." Of the second charge, "guilty." Of the 
first specification, third charge, "guilty." Of the second specification, third charge, 
"guilty." Of the third specification, third charge, "guilty," Of the fourth specifi- 
cation, third charge, "guilty." Of the fifth specification, third charge, "guilty." 
Of the sixth specification, third charge, "guilty." Of the seventh specification, third 
charge, "guilty." Of the eighth specification, third charge, "giiilty." Of the ninth 
specification, third charge, "guilty." Of the tenth specification, third charge, 
"guilty." Of the eleventh specification, third charge, "guilty." Of the twelfth 
specification, third charge, "guilty." Of the thirteenth specification, third charge, 
"guilty." Of the fourteenth specification, third charge, "guilty." Of the fifteenth 
specification, third charge, "guilty." Of the third charge, "guilty." Of the first 
specification, fourth charge, "guilty." Of the second specification, fourth charge, 
' ' not guilty. ' ' Of the third specification, fourth charge, ' ' not guilty. ' ' Of the fourth 
specification, fourth charge, "guilty." Of the fifth specification, fourth charge, 
"guilty." Of the fourth charge, "guilty." Of the first specification, fifth charge, 
"not guilty." Of the second specification, fifth charge, "guilty." Of the third 
specification, fifth charge, "guilty." Of the fourth specification, fifth charge, 
"guilty." Of the fifth specification, fifth charge, "guilty." Of the sixth specifica- 
tion, fifth charge, "guilty." Of the seventh specification, fifth charge, "guilty." 
Of the fifth charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Mariano Aguilar, 
alias Moro Montor, a native, "to be hanged by the neck until dead, at such time 
and place as the reviewing authority may direct; three-fourths of the commission 
concurring therein. ' ' 

II. In the foregoing case of ]Mariano Aguilar, alias Moro Montor, native, the sen- 
tence having been approved by the department commander, is confirmed and will 
be duly executed at the town of Jaro, in the Province of Iloilo, Island of Panay, P. I., 
on the 17th day of July, A. D. 1900, under the supervision of the provost-marshal of 
Iloilo, P. I., as directed in orders issued by the commanding general. Department of 
the Visayas, on June 27, 1900. 

By command of Major-General Mac Arthur: 

M. Barber, 
Aiisiistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. I., July 15, 1900. 
General Orders, No. 55. 

Before a military connnission which convened at Aparri, province of Cagayan, 
Luzon, P. I., April 25, 1900, pursuant to paragraph 11, Special Orders, No. 79, Head- 
quarters Department of the Pacific and 8th Army Corps, March 24, 1900, and of which 
Maj. Henry C. Ward, 16th V. S. Infantry, was president, and First Lieut. Guy C. 
Palmer, 16th U. S. Infantry, was judge-advocate, was arraigned and tried Manuel 
Littaua, native. 

_ Charge I. — "Instigating riot and ordering killing of Chinese inhabitants in viola- 
tion of the laws and usages of war" (one specification). 

Charge II. — "Burglary " (one specification). 

Charge III.— "Robbery" (one specification). 

Charge IV, — "Relieving insurgents with arms and food, in violation of the laws 
and usages of war" (two specifications), 

S. Doc. 205, pt 2 2 



18 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." To the specification, third charge, "not guilty." To the third charge, 
"not guilty." To the first specification, fourth charge, " not guilty." To the second 
specification, fourth charge, "not guilty." To the fourth charge,' " not guilty." 

Findings. — Of the specification, first charge, "not guilty." Of the first charge, 
"not guilty." Of the specification, second charge, "not guilty." Of the second 
charge, "not guilty." Of the specification, third charge, "guilty." Of the third 
charge, "guilty." Of the first specification, fourth charge, "guilty." Of the second 
specification, fourth charge, "guilty." Of the fourth charge^ "guilty." 

Sentence. — And the commission does therefore sentence him, Manuel Littaua, 
native, "To be confined at hard labor, in such penitentiary as the reviewing author- 
ity may direct, for five years." 

In the foregoing case of Manuel Littaua, native, the commission has found the 
accused not guilty of charges one and two and their specifications. The findings of 
guilty recorded under charges three and four appear, upon careful reading of the 
record, to be based upon testfmony largely hearsay and elicited in great part l)y lead- 
ing questions. The reviewing authority is of the opinion that the guilt of the accused 
is not established with that degree of certainty which the law requires. The find- 
ings and sentence are therefore disapproved. The accused will be released from 
arrest. 

By command of ]\Iajor-General Mac Arthur: 

M. Baebee, 
Assistant Adjutant- General. 



Headquaetees Division of the Philippines, 

Manila, P. I., August 10, 1900. 
General Orders, Xo. 65. 

Before a military commission which convened at Binalonan, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 63, Jmie 25, 1900, Head- 
quarters Department of Xorthern Luzon, and of which Maj. Joseph W. Duncan, 
Thirteenth U. S. Infantr3% was president, and First Lieut. Harvey AV. Miller, Thir- 
teenth U. S. Infantry, was judge-advocate, was arraigned and tried Felix Bautista, a 
native. 

Chaege. — "Murder" (three specifications). 

Pleas. — To the first specification, "not guilty;" to the second specification, "not 
guity;" to the third specification, "not guilty;" to the charge, "not guilty." 

Findings. — Of the first specification, " Guilty, except the words 'murder and kill,' 
substituting therefor the words ' forcibly abduct, ' and excepting the words ' by shoot- 
ing him, the said Velasco, with guns and stabbing him, the said Velasco, with bolos 
held in the hands of said Bautista and of the said outlaws, inflicting wounds there- 
with whereof the said Velasco then and there died,' of the substituted words, guilty, 
and of the excepted words, not guilty." Of the second specification, "guilty, except 
the words 'led by a certain Augustin Alejo,' and excepting the words 'murder and 
kill,' substituting therefor the words, 'forcibly abduct,' and excepting the words 'by 
shooting him, the said Malta, with guns and stabbing him, the said Malta, with bolos 
held in the hands of the said Bautista and of the said outlaws, inflicting wounds 
therewith whereof he, the said Malta, then and there died,' of the substituted 
words, guilty, and of the excepted words, not guilty." Of the third specification, 
"Guilty, except the words 'murder and kill,' substituting therefor the words 'forcibly 
abduct,' and excepting the words, 'by shooting him, the said Mauricio, with guns, 
and stabbing him, the said Mauricio, with bolos held in the hands of said outlaws, 
inflicting wounds therewith whereof he, the said Mauricio, then and there died,' of 
the substituted words, guilty, and of the excepted words, not guilty." Of the charge, 
"Xot guilty, but guilty of forcible abduction." 

Sentence. — And the commission does therefore sentence him, Felix Bautista, 
native, "to be confined at hard labor, at such place as the reviewing authority may 
direct, for the period of twenty (20) years." 

In the foregoing case of Felix Bautista, native, the commmission has found the 
accused not guilty of murder, as charged, but guilty of "forcible abduction." Such 
a finding is not only not in accord with the evidence of record, but is manifestly 
unauthorized and illegal under the charges in the case, and is disapproved. The 
sentence is disapproved. 

The accused will be held in confinement pending further orders in his case. 

By command of Major-General MacArthur: 

M. Babbek, 
Assistant Adjutant- General. 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 19 

Headquarters Division of the Philippines, 

Manila, P. L, August 11, 1900. 
General Orders, No. QQ. 

Before a military commission which convened at Angeles, province of Pampanga, 
Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 43, June 4, 1900, Head- 
quarters Department of Northern Luzon, and of which Capt. Henry M. Andrews, 
First U. S. Artillery, was president, and First Lieut. Chauncey B. Humphrey, Third 
U. S. Infantry, was judge-advocate, was arraigned and tried: 

I. Melencio Vitug, a native. 

Charge I. — "Robbery" (one specification). 

Charge II. — "Burglary" (two specifications). 

Charc^e III. — "Lawlessness" (one specification). 

Charge TV. — "Assault with intent to commit robbery" (one specification). 

Pleas. — To the charges and specifications, " not guilty." 

Findings. — Of the specification, first charge, "guilty; " of the first charge, "guilty." 
Of the first specification, second charge, "not guilty;" of the second specification, 
second charge, "not guilty; " of the second charge, -" not guilty." Of the specifica- 
tion, third charge, "guilty;" of the third charge, "guilty." Of the specification, 
fourth charge, "not guilty; " of the fourth charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Melencio Vitug, 
native, "To be confined at hard labor, at such place as the convening authority may 
direct, for fifteen (15) years." 

In the foregoing case of Melencio Vitug, native, the accused was found guilty of 
' ' robbery ' ' and ' ' lawlessness. ' ' 

The word "lawlessness" is not defined in law, and the meaning of the word is too 
indefinite to constitute a proper charge. No such crime existing, the finding on the 
third charge is therefore disapproved. The proceedings and findings on the other 
charges are approved. The sentence is confirmed and will be duly executed at the 
presidio de Manila, to which place the prisoner will be sent under proper guard. 

II. Andres Tolentino, a native. 
Charge. — "Murder" (one specification). 

Pleas. — To the charge and specification, "not guilty." 

Findings. — Of the specification to the charge, "guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Andres Tolentino, 
"To be confined at hard labor, at such place as the reviewing authority may direct, 
for twenty ( 20 ) years. ' ' 

In the foregoing case of Andres Tolentino, native, the proceedings and findings are 
approved. The sentence is confirmed and will be duly executed at the presidio de 
Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 11, 1900. 
General Orders, No. 67. 

Before a military commission which convened at Santa Cruz, province of Laguna, 
Luzon, P. I., iDursuant to paragraph 1, Special Orders, No. 27, May 7, 1900, Head- 
quarters Department of Southern Luzon, and of which Maj. Thomas G. Carson, 
Eleventh Cavalry, U. S. Volunteers, was president, and Second Lieut. Emory S. West, 
Eleventh Cavalry, U. S. ^^olunteers, was judge-advocate, was arraigned and tried 
Pedro Paleis, a native. 

Charge I. — "Robbery" (two specifications). 

Charge II. — "Assault with intent to kill" (one specification). 

Charc^e III. — "Guerrilla warfare" (one specification). 

Pleas. — To the first specification, first charge, "not guilty." To the second speci- 
fication, first charge, "not guilty." To the first charge, "not guilty." To the speci- 
fication, second charge, "not guilty." To the second charge, "not guilty." To the 
specification, third charge, "not guilty." To the third charge, "not guilty." 

Findings. — Of the first specification, first charge, ''guilty, except the words, 'his 
person aii<l ' and of the excepted words not guilty." Of the second specification, 
first charge, "guilty, except the words 'his person and' and of the excepted words 
not guilty." Of the first charge, "guilty." Of the specification, second charge, 
"guilty, except the words, 'with intent then and there to kill the said Antonio 
Minoro and Philomon INIinoro ' and of the excepted words not guilty." Of the second 
charge, "not sruiltv, but guiltv of assault with intent to commit robberv." Which 



20 CHARGES OF CRUELTY. ETC., TO FILIPINOS. 

finding was disapproved by the department commander. Of the specification, third 
charge, "guilty." Of the third charge, ''guilty." 

Se>:tence. — And the commission does therefore sentence him, Pedro Paleis, "to 
be confined at hard labor, at such place as the reviewing authority may direct, for 
the period of twenty (20) years." 

In the foregoing case of Pedro Paleis, native, the sentence is confirmed, but is miti- 
gated to confinement at hard labor for a period of ten (10) years, and as thus miti- 
gated will be duly executed at the presidio de 3Ianila, to which place the i^risoner 
will be sent under proper guard. 

By command of Major-General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. i., August 11, 1900. 
General Orders, Xo. 68. 

Before a military commission which convened at Binalonan, province of Pangasi- 
nan, Luzon, P. L, pursuant to paragraph 4, Special Orders, Xo. 10. May 31, 1900, 
Headquarters Department of Xorthern Luzon, and of which Capt. Frederick S. 
Wild, Thirteenth L^. S. Infantry, was president, and Capt. Arthur Johnson, adjutant. 
Thirteenth L^. S. Infantry, was judge-advocate, was arraigned and tried Guillermo 
Espejo, a native. 

Charge I. — "Disturbance of the peace" (one specification). 

Charge II. — "Assault and battery with intent to do bodily harm" (one speci- 
fication) . 

Charge III. — "Murder" (one specification). 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." To the specification, third charge, "not guilty." To the third 
charge, "not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the sx^ecification, second charge, "guilty, except the w^ords, 'and 
Pablo Beltran,' and of the excepted words not guilty." Of the second charge 
"guilty." Of the specification, third charge, "guilty, except the words, 'shooting 
them, the said Asperin, Rollan, and Beltran, with guns,' and of the excepted words 
not guilty." Of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Guillermo Espejo, 
"to be hung by the neck until he is dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring, therein." 

In the foregoing case of Guillermo Espejo, native, the proceedings and findings 
are approved. The sentence is confirmed, but is commuted to confinement at hard 
labor for the period of twenty (20) years, and as thus commuted will be duly exe- 
cuted at the Presidio de Manila, to which place the prisoner will be sent under 
proper guard. 

By command of Major-General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. L, August 11, 1901. 
General Orders, Xo. 69. 

Before a military commission which convened at Batangas, province of Batangas, 
Luzon, P. I., pursuant to paragraph 3, Special Orders, Xo. 81. ]March 2Q, 1900, Head- 
quarters Department of the Pacific and Eighth Army Corps, and of which Col. Ge'orge 
S. Anderson, Thirty-eighth Infantry, L". S. Volunteers, was president, and Capt. John 
S. Powell, Thirty-eighth Infantry, U. S. Volunteers, was judge-advocate, was arraigned 
and tried Juan Buenafe, a native. 

Charge I. — "Lurking as a spy" (one specification). 

Charge II. — "Violation of laws of war" (one specification). 

Pleas — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "not guilty." Of the first charge, 
' ' not guilty. ' ' Of the specification, second charge, ' ' guilty, except the words ' prepare 



CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 21 

bullets and other munitions of war, select and prepare places of ambuscade ' and the 
words 'and he, the said Juan Buenafe, did secretly further advise and commit divers 
acts of hostility and perfidy' and of the excepted words not guilty." Of the second 
charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Juan Buenafe, 'Ho 
be confined at hard labor, at such place as the reviewing authority may direct, for 
five (5) years." 

In the foregoing case of Juan Buenafe, native, the findings on the first charge and 
specification are approved. The evidence of record as to the second charge does not 
show the commission of the offenses charged with that certainty which the law 
requires. The findings of the commission on the second charge and its specification 
and the sentence are therefore disapproved. 

The accused will be held as a prisoner of war. 

By command of Major-General Mac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. J., August 20, 1900. 
General Orders, No. 71. 

Before a military commission which convened at Pulilan, province of Bulacan, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 53, Headquarters Depart- 
ment of Northern Luzon, June 15, 1900, and of which Maj. Albert Laws, Thirty- 
fifth Infantry, U. S. Volunteers, was president, and First Lieut. Alvin C. Voris, 
Thirty-fifth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried 
Marcos Belasquez, Feliciano de Guzman, alias "Butas," Feliciano Mendoza, alias 
^'Bulutong," Regino Servant es, natives. 

Charge I. — "Kidnaping a president of a town under civil government estab- 
lished by the United States military authorities in the Philippine Islands ' ' (one 
specification ) . 

Charge II. — "Murder" (one specification). 

Pleas. — To the specification, first charge, Marcos Belasquez and Feliciano Mendoza, 
alias "Bulutong," each of them, "not guilty;" Feliciano de Guzman, alias "Butas," 
and Regino Servantes, each of them, "guilty." To the first charge, Marcos Belasquez 
and Feliciano Mendoza, alias "Bulutong," each of them, "not guilty;" Feliciano de 
Guzman, alias "Butas," and Regino Servantes, each of them, "guilty." To the 
specification, second charge, "not guilty." To the second charge, "not guilty." 

Findings. — Of the specification, first charge, Marcos Belasquez, "not guilty;" 
Felicano de Guzman, alias "Butas," Feliciano Mendoza, alias "Bulutong," and 
Regino Servantes, "guilty, except to the words 'murdering him,' substituting there- 
for the words 'doing bodily harm to him;' of the excepted words, not guilty, of the 
substituted words, guilty." 

Of the first charge, Marcos Belasquez, "not guilty;" Feliciano de Guzman, alias 
"Butas," Feliciano Mendoza, alias "Bulutong," and Regino Servantes, "guilty." 

Of the specification, second charge, Marcos Belasquez, "not guilty;" Feliciano de 
Guzman, alias "Butas," Feliciano Mendoza, alias "Bulutong," and Regino Servantes, 
"guilty, except to the words 'shooting the said Crispino San Pedro with a rifle of 
rifles,' and substituting therefor 'striking the said Crispino San Pedro with a rifle 
and by stabbing and cutting him with a dagger or bolo;' of the excepted words, not 
guilty, and of the substituted words, guilty." 

Of the second charge, Marcos Belasquez, " not guilty;" Feliciano de Guzman, alias 
"Butas," Feliciano Mendoza, alias "Bulutong," and Regino Servantes, "guilty." 

Sentence. — The commission does therefore "acquit" the said Marcos Belasquez, 
a native, and does sentence the said Feliciano de Guzman, alias "Butas," Feliciano 
Mendoza, alias "Bulutong," and Regino Servantes, natives, and each of them, "to 
be hanged by the neck until each of them l)e dead, at such place and time as the 
reviewing authority may direct, an unanimous concurrence therein." 

In the foregoing case of Marcos Belasquez, Feliciano de Guzman, alias "Butas," 
FeUciano Mendoza, alias "Bulutong," and Regino Servantes, natives, the proceedings 
and findings are approved. The acquittal of Marcos Belasquez by the connnission, 
and the remission of the sentence awarded Regino Servantes by the commanding 
general. Department of Northern Luzon, are approved. The sentences awarded the 
defendants, Feliciano de Guzman, alias "Butas," and Feliciano Mendoza, alias 
"Bulutong," as approved by the department commander, are confirmed, but are 



22 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

commuted to confinement at hard labor for the period of fifteen (15) years, and, as 
thus conmiuted, will be duly executed at the presidio de Manila, to which place the 
prisoners will be sent under proper ^uard. 
Marcos Belasquez and Regino Servantes will be released from custody. 
By command of Major-General INIacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., August 20, 1900. 
General Orders, No. 72. 

Before a military commission which convened at Binalonan, province of Panga- 
sinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters 
Department of Northern Luzon, June 25, 1900, of which Maj. Joseph W. Duncan, 
Thirteenth U. S. Infantry, was president, and First-Lieut. Harvey W. Miller, Thir- 
teenth U. S. Infantry, was judge-advocate, was arraigned and tried: 

I. Ambrosio Fabia, a native. 

Charge I. — "Assault and battery " (one specification). 

Charge II. — "Murder" (one specification). 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guiltv." To the specification, second charge, "notguiltv." To the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty, except the words, ' with a 
club,' and of the excepted words not guilty." Of the first charge, "guilty." Of the 
specification, second charge, "guilty, except the word 'clubs,' substituting therefor 
the word 'lances,' and inserting between ths word 'bolos' and 'inflicting' the 
words ' and a lance,' of the substituted and inserted words guilty, and of the excepted 
words not guilty." Of the second charge. " not guilty." 

Sentence. — And the commission does therefore sentence him, Ambrosio Fabia, 
native, "to be confined at hard labor, at such place as the reviewing authority may 
direct, for the period of ten years," which sentence was approved by the department 
commander. 

In the foregoing case of Ambrosio Fabia, native, the proceedings and findings are 
approved. The sentence, approved by the department commander, is confirmed 
and will be duly executed at the Presidio de Manila, to which place the prisoner will 
be sent under proper guard. 

II. Canuto Albaro, a native. 

Charge. — "Murder" (one specification). 

Pleas. — To the specification, " not guilty." To the charge, "not guilty." 
Findings. — Of the specification, "guilty." Of the charge, "guilty." 
Sentence. — And the commission does therefore sentence him, Canuto Albaro, 
native, "to be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Canuto Albaro, native, the proceedings and findings are 
approved. The sentence as approved by the department commander is confirmed, 
but is commuted to confinement at hard labor for the period of fifteen years, and as 
thus commuted will be duly executed at the Presidio de [Manila, to which place the 
prisoner will be sent under proper guard. 

III. Baltazar Fabia, a native. 
Charge — "Murder" (on€ specification). 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 
Findings. — Of the specification, "guilty." Of the charge, "guilty." 
Sentence. — And the commission does therefore sentence him, Baltazar Fabia, 
native, "to be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein;" 
which sentence was mitigated by the connnanding general, Department of Northern 
Luzon, to " confinement at hard labor for life." 

In the foregoing case of Baltazar Fabia, native, the proceedings and findings are 
approved. The sentence as mitigated by the commanding general. Department of 
Northern Luzon, is confirmed, and and will be duly executed at the Presidio de 
Manila, to which place the prisoner will be sent under proper guard. 
By command of Major-General Mac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 23 

Headquarters Diyisiox of the Philippines, 

Manila, P. I., August eo, 1900. 
General Orders, No. 73. 

Before a military commission which convened at Apalit, province of Pampanga, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, Xo. 53, Headquarters Depart- 
ment of Northern Luzon, June 15, 1900, and of which Maj. Albert Laws, Thirty-fifth 
Infantry, U. S. Volmiteers, was president, and First Lieut. Alvin C. Yoris, Thirty- 
fifth Infantry, V. S. Volunteers, was judge-advocate, was arraigned and tried 
Basilio Lalu, a native. 

Charge. — ' ' Murder ' ' ( one specification) . 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 

Findings. — Of the specification, "guilty, except to the word 'shooting,' substi- 
tuting therefor 'striking and stabbing,' and to the words 'Remington rifle' substi- 
tuting therefor 'bolo or dagger;' of the excepted words, not guilty, and of the 
substituted words guilty. " Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Basilio Lalu, a 
native, ' ' To be hanged by the neck until he be dead, at such time and place as the 
reviewing authority may direct, an unanimous concurrence therein." 

In the foregoing case of Basilio Lalu, native, it is clearly shown by two witnesses 
for the prosecution that a band of men, of whom the accused was one, armed with 
rifles and bolos, and none of them iti uniform, beat and wounded Francisco Salaveria 
with these weapons for several hours, his arms being tied behind him, conducting 
him while so doing to a secluded spot, where, as testified to by two other witnesses, 
he was stabbed with a bolo in the hands of the accused and where he died and was 
buried by these witnesses, at the command, as one of them testifies, of the accused, 
who threatened them with death if they should divulge the crime which they had 
been compelled to witness. 

The accused, though represented by counsel, offered no evidence to meet this con- 
vincing testimony. Sworn at his own request as a witness for himself, and informed 
of his rights and privileges, while accusing two of the witnesses against him as being 
equally guilty with himself, he admitted "taking Francisco away and killing him," 
and he attempted no justification therefor other than that "the people of the barrio 
were making so many complaints about Francisco being a detective for the Ameri- 
cans that our captain, Simeon Mamangun, ordered us to seize and kill him." 

Without the incriminating evidence of the accused himself thus voluntarily given, 
the case against him is complete, and devoid of error. The effect of his own admis- 
sions is to make absolutely certain that which is otherwise established beyond a 
reasonable doubt; even without them the record indisputably shows the accused to 
have been an active principal in a brutal and deliberate murder committed by a band 
of assassins and guerrillas; one forbidden alike by the civil law and the usages of 
war, and for which the only adequate punishment is death. 

The sentence, which was duly approved by the department commander on July 30, 
1900, is confirmed and will be duh" executed on the 7th day of Septeml^er, 1900, at 
Apalit, province of Pampanga, Luzon, P. I., under the direction of the commanding 
general. Department of Northern Luzon. 

By command of Major-General Mac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 20, 1900. 
General Orders, No. 74. 

Before a military commission which convened at Binalonan, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters 
Department of Northern Luzon, ]\Iay 31, 1900, and of wliich Capt. Frederick S. Wild, 
Thirteenth L^. S. Infantry, was president, and Capt. Arthur Johnson, adjutant Thir- 
teenth U. S. Infantry, was judge-advocate, was arraigned and tried Estanislao Espejo, 
a native. 

Charge I. — "Disturbance of the peace" (one specification). 

Charge II. — "Assault and l^attery with intent to do bodily harm" (one specifica- 
tion) . 

Charge III. — "Murder" (one specification). 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
' ' not guilty. ' ' To the specification, third charge, ' ' not guilty. ' ' To the third charge, 
"not guilty." 



24 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty." Of the second charge, 
"guilty." Of the specification, third charge, "guilty, except the words, 'shooting 
them, the said Asperin, Rollan, and Beltran, with guns and stabbing,' substituting 
therefor the word 'cutting.' Of the excepted words 'not guilty,' of the substituted 
word 'guilty.' " Of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Estanislao Espejo, 
"To be hung by the neck until he is dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Estanislao Espejo, native, the proceedings and findings 
are approved. The sentence, as approved by the department commander, is con- 
firmed, but is commuted to imprisonment at hard laljor for the period of his natural 
life. 

The sentence as commuted will ])e duly executed at the presidio de Manila, to 
which place the prisoner will be sent under proper guard. 

By command of Major General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 29, 1900. 
General Orders, No. 77. 

Before a military commission which convened at Sara, Panay, P. I., pursuant to 
paragraph 1, Special Orders, No. 72, Headquarters Department of the Yisavas. June 
30, 1900, and of which Lieut. Col William M. Van Home, Eighteenth U. S. Infantry, 
was president, and Capt. Edwin F. Glenn, Twenty-fifth E. S. Infantry, was judge, 
advocate, was arraigned and tried: 

I. Julian Baradas, a native. 
Charge. — ' ' Murder. ' ' 

Specijication. — "In that on or al)out the 12th day of March, A. D. 1900, then as 
now a time of insurrection, at the barrio of Taybas, district of Concepcion, island 
of Panay, P. I., a place then as now occupied by the military forces and under the 
military government of the United States, one Julian Baradas, a native, did, on the 
day and at the place aforesaid, willfully, feloniously, and with malice aforethought, 
then and there, assault, murder, and kill one Serbino Arbigoso, a native, by then 
and there striking and cutting with a sharp instrument, commonly called a bolo, the 
said Serbino Arbigoso, then and there and in manner aforesaid inflicting on the 
said Serbino Arbigoso various and divers wounds and cuts, by reason of which said 
wounds and cuts, so inflicted as aforesaid, the said Serbino Arbigoso, died at San 
Dionisio, in said district of Concepcion, on or about the 13th dav of March, A. D. 
1900." 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 

Findings. — Of the specification, "guilty, except the words 'and with malice afore- 
thought' and the word 'murder,' and of the excepted words 'not guilt}'.' " Of the 
charge, " not guilty of 'murder,' but guilty of 'manslaughter.' " 

Sentence. — And the commission does therefore sentence him, Julian Baradas, "to 
be confined, at such place as the reviewing authority may designate, for the period 
of twenty (20) years at hard labor." 

In the foregoing case of Julian Baradas, native, the proceedings and findings are 
approved. The sentence is confirmed, but in accordance with the recommendation 
of the department commander is mitigated to confinement at hard labor for the 
period of six (6) years; and as thus mitigated, will be duly executed at the presidio 
de ^Manila, to which place the prisoner will be sent under proper guard. 

II. Pablo de los Reyes, alias Pablo Catalan, native. 
Charge I. — "Manslaughter." 

Specification. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, did, 
on or "about the 18th day of December, A. I). 1S99, then as now a time of insurrec- 
tion, in the town of CoUassi, district of Concepcion, island of Panay, P. L, a place 
then as now under the military government of the United States, in company of and 
consorting with a band of armed outlaws to the number of fifty, more or less, com- 
manded and led by the said Pablo de los Reves, alias Pablo Catalan, feloniously and 
willfully kill one Leon Perez with a bolo held in the hands of the said Pablo de los 
Reyes, alias Pablo Catalan, and in the hands of members of said band of armed 
outlaws, names unknown, inflicting upon the person of the said Leon Perez various 
and divers wounds, whereof he, the said Leon Perez, then and there died." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 25 

Charge II. — "Arson." 

Specification. — " In that he, Pablo de los Reyes, ahas Pablo Catalan, a native, did, 
on or about the 18th day of December, A. D. 1899, then as now a time of insurrec- 
tion, in the town of Collassi, district of Concepcion, island of Panay, P. I., a place 
then as now under the military government of the United States, in company of and 
consorting with a l)and of armed outlaws to the number of fifty, more or less, com- 
manded and led by the said Pablo de los Reyes, alias Pablo Catalan, wilfully, feloni- 
ously, and maliciously set tire to and burn six dwelling houses, the property of and 
occupied by Adreano Barredo, Marcelo Batema, Tiburcio Batema, Braulia Terwin, 
Fausto Bonavista, and Andre Banasig, natives." 

Charge III. — "Assault and battery with intent to kill." 

Specification. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, did, 
on or about the 14th day of December, A. D. 1899, then as now a time of insurrec- 
tion, at the hacienda Balogo, near barrio of Monogcoracora, district of Concepcion, 
island of Panay, P. I., a place then as now under the military government of the 
United States, in company of and consorting with a band of armed outlaws to the 
number of fifty, more or less, commanded and led by the said Pablo de los Reyes, 
alias Pablo Catalan, order and direct a violent assault to be made upon one Francisco 
Bagaporo by meml:)ers of said band, with bolos held in the hands of members of said 
band of outlaws, names unknown, directing and causing various and divers cuts and 
wounds to be made upon the head and face of the said Francisco Bagaporo, with said 
bolos so held as aforesaid, with intent then and there feloniously, wilfully, and with 
malace aforethought, to then and there murder and kill the said Francisco Bagaporo." 

Charge IV.— "Robbery." 

Specification 1. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, did, 
on or about the 14th day of December, A. D. 1899, then as now a time of insurrec- 
tion, at or near the town of Monogcoracora, district of Concepcion, island of Panay, 
P. I., a place then as now under the military government of the United States, in 
company of and consorting with a band of armed outlaws to the number of fifty, 
more or less, commanded and led by the said Pablo de los Reyes, alias Pablo Catalan, 
feloniously and forcibly take, steal, and carry away from Alejo Posadas, a native, the 
following, to wit: 

Four rifles of the value of !5200, two carabao of the value of $80, eighteen cavanes 
of rice, of the value of $90, and $2 in currency, of the total value of $372 in Mexican 
currency and the property of said Alejo Posadas." 

Specifications. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, on 
or about the 14th day of December, A. D. lS99, then as now a time of insurrection, 
at or near the town of Monogcoracora, district of Concepcion, island of Panay, P. I., 
a place then as now under the military government of the United States, in company 
of and consorting with a band of armed outlaws, to the number of fifty, more or less, 
did forcibly and feloniously take, steal, and carry away from the natives resident 
upon the hacienda of one Alejo Posadas, the clothing, rice, and other property con- 
tained in the houses of and owned by the said natives, names unknown." 

Specification S. — "In that he, Pablo de los Reyes, alias Pablo Catalan, a native, on 
or about the 14th day of December, A. D. 1899, then as now a time of insurrection, 
at or near the town of Pili, district of Concepcion, island of Panay, P. I., a place then 
as now under the military government of the United States, in company of and con- 
sorting with a baiid of armed outlaws to the number of fifty, more or less, commanded 
and led by the said Pablo de los Reyes, alias Pablo Catalan, did feloniously and forci- 
bly take, steal, and carry away from the inhal)itants of the said town of Pili, a quan- 
tity of money and rice, value unknown, the property of said inhabitants, names 
unknown." 

Charge V. — "Abduction." 

Specification. — " In that he, Pablo de los Reyes, alias Pablo Catalan, a native, on or 
about the 9th day of December, A. D. 1899, then as now a time of insurrection, at 
or near the town of Pili, district of Concepcion, island of Panay, P. I., a place then 
as now under the military government of the United States, in company of and con- 
sorting with an armed band of outlaws to the number of fifty, more or less, com- 
manded and led by the said Pablo de los Reyes, alias Pablo Catalan, did abduct 
Paulina Astorga, Paula Molina, ^Faria Articona, Catalina Molina, and Justa Articona, 
native women, by forcil)ly comjielling said women to accompany him, the said Pal)lo 
de los Reyes, alias Pablo Catalan, and his said band of outlaws." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the specification, second charge, "not guilty;" to the second charge, 
" not guilty;" to the specification, third charge, "not guilty;" to the third charge, 
"not guilty;" to the first specification, fourth charge, "not guilty;" to the second 
specification, fourth charge, "not guilty;" to the third specification, fourth charge, 



26 CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 

"not guilty;" to the fourth charge, "not guilty;" to the specification, tilth charge, 
" not guilty;" to the fifth charge, " not guilty. " 

Findings. — Of the specification, first charge, "guilty, except the words- ' with a 
bolo held in the hands of the said Pablo de los Reyes, alias Pablo Catalan and,' and 
of the excepted words not guilty." Of the first charge, "guilty;" of the specifica- 
tion, second charge, "guilty;" of the second charge, "guilty;" of the specification, 
third charge, "guilty;" of the third charge, "guilty;" of the first specification, 
fourth charge, "guilty; " of the second specification, fourth charge, "guilty; " of the 
third specification, fourth charge, "guilty;" of the fourth charge, "guilty;" of the 
specification, fifth charge, "guilty;" of the fifth charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Pablo de los Reyes, 
alias Pablo Catalan, "to be confined for the period of twenty years at hard labor 
at such place as the reviewing authority may designate." 

In the foregoing case of Pablo de los Reyes, alias Pablo Catalan, native, the pro- 
ceedings and findings, except the findings upon the first and second charges and the 
specifications thereto, disapproved by the department commander, are approved. 
The sentence is confirmed, but in accordance with the recommendation of the depart- 
ment commander, is mitigated to confinement at hard labor for the period of seven 
years, and as thus mitigated will be duly executed at the Presidio de Manila, to 
Avhich place the prisoner will be sent under proper guard. 

III. Juan Cape y Caspillo, native. 

Charge I. — "Assault and battery with intent to rob." 

Specification. — " In that, on the 13th day of June, A. D. 1900, then as now a time 
of insurrection, at the pueblo of Concepcion, province of Concepcion, island of Panay, 
P. I., a place then as now under the military government of the United kStates, one 
Juan Cape y Caspillo, a native, in company of and consorting wdth a band of armed 
outlaws, to the number of twenty, more or less, did fire three shots from a rifle 
in the hands of said Juan Cape y Caspillo, into the house of one Laureano Pendon, 
a native, knowing said house to be occupied at the time by one or more members of 
the family of the said Laureano Pendon, and said house being so occupied, and did 
thereupon enter the said house, and did, then and there violently assault one Catalina 
Pendon, wife of the said Laureano Pendon, by striking and beating the said Catalina 
Pendon with a bolo in the hands of the said Juan Cape y Caspillo, with intent then 
and there to compel the said Catalina Pendon to reveal the whereabouts of certain 
moneys supposed to be hidden in the said house or premises of the said Laureano 
Pendon, and with intent then and there forcibly and violently to take, steal, and 
carry away said moneys and appropriate the same to the use of himself and members 
of said band. 

Charge II. — "Robbery." 

Specification 1. — "In that, on the 18th day of June, A. D. 1900, then as now a time 
of insurrection, at the pueblo of Concepcion, province of Concepcion, island of 
Panay, P. I., a place then as now under the military government of the United 
States, one Juan Cape y Caspillo, a native, in company of and consorting with a band 
of armed outlaws, to the number of twenty, more or less, did enter the house of one 
Laureano Pendon, a native, and did then and there violently and forcibly take, steal, 
and carry away from the said house and from the premises of the said Laureano 
Pendon the following, to wit: 

"Jewelry to the value of |500, gold and silver coin to the value of $500, clothing to 
the value of $400, one rifle to the value of $50, tobacco of the value of $25, wines of 
the value of $20, and twenty-four carabaos of the value of $760, all of the aforesaid 
values being in Mexican currency, and the total value of the articles and carabaos so 
taken as aforesaid amounting to $2,255 in Mexican currency, and being the property 
of the said Laureano Pendon." 

Spjecification 2. — "In that, on the 13th day of June, A. D. 1900, then as now a time 
of insurrection, at the pueblo of Concepcion, province of Concepcion, island of Panay, 
P. I., a place then as now under the military govermnent of the United States, one 
Juan Cape y Caspillo, a native, in company of and consorting with a band of armed 
outlaws, to the number of twenty, more or less, did enter the house of one Tranquilino 
Longno, a native, and did then and there forcibly and feloniously take, steal, and 
carry away from the said house and the premises of the said Tranquilino Longno the 
following, to wit: 

"Twenty cabanes of rice of the value of $100, jewelry of the value of $100, silver 
currency amounting to $250, clothing contained in six boxes of the value of $600, 
tobacco of the value of $50, and nine carabaos of the value of $315, all of the afore- 
said values being in ^Mexican currency, and the total values of the articles and cara- 
baos so taken as aforesaid being $1,415 Mexican currency, and all the property of the 
said Tranquilino Longno." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 27 

Charge III.— ''Abduction." 

Specification. — "In that, on the 13th day of June, A. D. 1900, then as now a time 
of insurrection, at the pueblo of Concepcion, province of Concepcion, island of Panay, 
P. I., a place then as now under the military government of the United States, one 
Juan Cape y Caspillo, a native, in company of and consorting with a band of armed 
outlaws, to the number of twenty, more or less, did enter the house of one Laureano 
Pendon, a native, and did then and there seize the person of one Catalina Pendon, 
the wife of said Laureano Pendon, and Sotera de la Pendon, a servant of the said 
Laureano Pendon, and did then and there bind and tie with cords the said Catalina 
Pendon and Sotera de la Pendon, and then and there forcibly and against the wills 
of the said Catalina Pendon and Sotera de la Pendon, and against the will of each of 
them, compel the said Catalina Pendon and Sotera de la Pendon to accompany the 
said band of armed outlaws from the said pueblo of Concepcion. ' ' 

ChaeCtE IV. — "Assault with intent to kill." 

Specification. — "In that, on the 13th day of June, A. D. 1900, then as now a time 
of insurrection, at or near the pueblo of Concepcion, province of Concepcion, island 
of Panay, P. I., a place then as now under the military government of the United 
States, one Juan Cape y Caspillo, a native, in company of and consorting with a band 
of armed outlaws, to the number of twenty, more or less, did violently assault one 
Laureano Pendon and one Tranquilino Longno, natives, by firing two or more shots, 
from a rifle held in the hands of said Juan Cape y Caspillo, at the said Laureano 
Pendon and said Tranquilino Longno, with the intent then and there feloniously, 
willfully, and with malice aforethought, to kill the said Laureano Pendon and the 
said Tranquilino Longno." 

Pleas. — To the Specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the first specification, second charge, "not guilty; " to the second speci- 
fication, second charge, "not guilty;" to the second charge, "not guilty;" to the, 
specification, third charge, "not guilty;" to the third charge, "not guilty;" to the 
specification, fourth charge, "not guilty;" to the fourth charge, "not guilty." 

FiNDiNCiS. — Of the specification, first charge, "guilty;" of the first charge, 
"guilty;" of the first specifi^cation, second charge, "guilty;" of the second specifi- 
cation, second charge, "guilty;" of the second charge, "guilty;" of the specifica- 
tion, third charge, "guilty;" of the third charge, "guilty;" of the specification, fourth 
charge, "guilty;" of the fourth charge, "guilty." 

SENTE^XE. — And the commission does therefore sentence him, Juan Cape y Cas- 
pillo "to be confined at hard labor, at such place as the reviewing authority may 
designate, for the period of twenty years." 

In the foregoing case of Juan Cape y Caspillo, native, the proceedings and findings 
are approved. The sentence is confirmed, but in accordance with the recommenda- 
tion of the department commander is mitigated to confinement at hard labor, for the 
period of eight years, and as thus mitigated will be duly executed at the Presidio de 
Manila, to wliich place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

M. Baeber, 
Assistant Adjutant- General. 



Headquaetees Division of the Philippines, 

Manila, P. /., September 1, 1900. 
General Orders, No. 80: 

Before a military commission which convened at Vigan, province of Ilocos Sur, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 74, Headquarters Depart- 
ment of Northern Luzon, July 6, 1900, and of Avhich Maj. Edgar Z, Steever, Third 
U. S. Cavalry, was president and First Lieut. Earle Edmundson, Thirty-third Infantry, 
U. S. Volunteers, was judge-advocate, was arraigned and tried Segundo Arcella, a 
native scout. 

Chaege I. — "Rape, in violation of the 58th article of war." 

Specification. — "In that Segundo Arcella, a duly enrolled scout in the service of the 
United States, did make an assault upon and by force and violence and without her 
consent did ravish and carnally know one Elena Bergara, native." 

"This hi time of insurrection, at or near the barrio of Santa Maria, Ilocos Sur, Lu- 
zon, on or about June 6, 1900." 

Chaege 11. — "Forcible abcUiction, to the prejudice of good order and military 
discipline." 

Specification. — "In that Segundo Arcella, a duly enrolled scout in the service of the 
United States, did feloniously and forciblv seize and al)duct one Elena Bergara from 



28 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

her house, said Elena Bergara being a legal resident of San Esteban. This in the time 
of insurrection, at said town of San Esteban, Ilocos Sur, Luzon, P. I., about June 6, 
1900." 

Pleas. — To the specification, first charge, ''guilty;" to the first charge, "guilty;" 
to the specification, second charge, "guilty;" to the second charge, "guilty." 

Findings. — "Of the specification, first charge, "guilty;" of the first charge, 
"guilty;" of the specification, second charge, "guilty;" of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Segundo Arcella, a 
native scout, "To be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Segundo Arcella, a scout in the service of the United States, 
the confession of the accused of his guilt is confirmed by the testimony of his victim. 
In recording its sentence the commission has but expressed the measure of abhor- 
rence in which all civilized nations hold the crimes of forcible abduction and rape. 
The sentence is approved, but upon the recommendation of the department com- 
mander it is commuted to confinement at hard labor for the period of twenty (20) 
years, and as thus commuted will be duly executed at the presidio de Manila, to 
w^hich place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

M, Barber, 
A ssistant A djutant- Genera I. 



Headquarters Division op the Philippines, 

Manila, P. I., September 1, 1900. 
General Orders, No. 81. 

Before a military commission which convened at Tuguegarao, province of 'Cagayan, 
Luzon, P. I., pursuant to paragraph X, Special Orders, No. 43, Headquarters Depart- 
ment of Northern Luzon, June 8, 1900, and of which Col. William H. Beck, Forty- 
ninth Infantry, V . S. Volunteers, was president, and Maj. Robert Gage, Forty-ninth, 
Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Domingo 
Sutilo, alias Domingo the Tagalo, native. 

Charge I. — "Violation of the laws of war." 

ySpecificatio7i. — "In that he, Domingo Sutilo, native, alias Domingo the Tagalo, did 
command a squad of natives, eight in number, more or less, and make an armed 
raid upon the town of Tuguegarao, Luzon, P. I., on the night of May 20, 1900, or 
thereabouts; he, the said Domingo Sutilo, being Avithout commission from any gov- 
ernment, and occasionally assuming the semblance of peaceful pursuits; and in that 
he, with arms in his hands, did force said natives to join him in said hostile raid on 
the town of Tuguegarao by threatening their lives and the lives of their women and 
children and the destruction of their property in case they refused to join him in 
said raid, it being for the avowed purpose of attacking the guardhouse, or carcel, at 
said Tuguegarao and to release the prisoners confined therein, said prisoners being 
held by the authority of the United States, and did lead in an attack, with arms in 
his hands, against troops of the United States posted as guard at the guardhouse in 
the town of Tuguegarao, Luzon, P. I. This at the time and place above specified." 

Charge II. — "Robbery." 

Specification 1. — "In that he, Domingo Sutilo, native, alias Domingo the Tagalo, 
native, on or about February 20, a time then as now of insurrection, did lead a 
party, or was a prominent member thereof, to rob and did rob a house in Rancho 
Bical, a rancho of Piila Blanca, province of Cagayan, P. I., which rancho was at the 
time and is within the lines occupied by the United States Army, taking therefrom, 
forcibly, 1 seine, valued at |8, and 110 in cash, the property of Jacinto Mallonga, 
the resident of said house." 

"This at the place named, on or about February 20, 1900." 

Specification 2 . — "In that he, Domingo Sutilo, native, alias Domingo the Tagalo, 
did lead a party, or was a prominent member thereof, to rob and did rob a house in 
Rancho Bical, a rancho of Piila Blanca, province of Cagayan, P. I., which rancho 
was at the time and is within the lines occupied by the United States Army, taking 
therefrom, forcibly, 1 piece of silk cloth valued at |10, seine valued at $2.50, and 6 
roosters valued at $3, the property of Pasqual Berang, the resident of said house." 

"This at place named, on or about February 20, 1900." 

Specifications. — "In that he, Domingo Sutilo, native, alias Domingo the Tagalo, 
did lead a party, or was a prominent member thereof, to rob and did rob a house in 
Rancho Bical, a rancho of Piila Blanca, province of Cagayan, P. I., which rancho 
was at the time and is within the lines occupied by the United States Army, taking 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 29 

therefrom, forcibly, 2 blankets valued at |6, 1 seine valued at $5, 1 gold comb valued 
at $3, 1 gilt rosary valued at 25 cents, and $60 in money, the property of Pedro 
Eozalez, the resident of said house." 

"This at the place named, on or about February 20, 1900." 

Pleas. — To the specification, first charge, "guilty;" to the first charge, "guilty;" 
to the first specification, second charge, "guilty;" to the second specification, second 
charge, "not guilty;" to the third specification, second charge, "not guilty;" to the 
second charge, "guilty." 

Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty." 
Of the first specification, second charge, "guilty, except the words 'eight dollars,' 
of the excepted words not guilty, substituting therefor the words 'seven dollars,' 
and of the substituted words guilty." Of the second specfication, second charge, 
"guilty, except of the words 'ten dollars, two dollars and fifty cents,' of the excepted 
word not guilty, substituting therefor the words 'seven dollars, and two dollars,' and 
of the substituted words guilty." Of the third specification, second charge, "guilty, 
except the words ' one gold comb valued at three dollars, one gilt rosary valued at 
twenty-five cents, ' of the excepted words not guilty." Ofthe second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Domingo Sutilo, 
native, alias Domingo the Tagalo, "to be confined at hard labor, at such place as the 
reviewing authority may direct, for a period of thirty (30) years." 

In the foregoing case of Domingo Sutilo, native, alias Domingo the Tagalo, the 
sentence was duly approved by the department commander on the 20th day of 
August, 1900, and is confirmed, but is mitigated to confinement at hard labor for the 
period of ten (10) years, and as thus mitigated will be duly executed at the Presidio 
de Manila, P. I., to which place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. I., September 1, 1900. 
General Orders, No. 82, 

Before a military commission which convened at Bautista, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 63, Headquarters Depart- 
ment of Northern Luzon, June 25, 1900, and of which Captain Daniel H. Brush, 
Seventeenth U. S. Infantry, was president, and First Lieut. David P. Cordray, Sev- 
enteenth U. S. Infantry, was judge-advocate, was arraigned and tried Terega 
Pagarigan and Baymondo Bergora, natives. 

Charge. — "Murder." 

Specification. — "In that Terega Pagarigan and Baymondo Bergora, natives, and 
each of them, on or about March 22, 1900, then as now in time of insurrection, near 
the barrio of San Jose, pueblo of Moncada, province of Tarlac, Luzon, P. L, a place 
then as now in the theater of active military operations, in company with a band of 
ladrones armed with rifles and bolos and numbering ten, more or less, did, willfully, 
feloniously, and with malice aforethought, kill and murder three natives, Lucas 
Poco, Jocquin Tiansin, and Mariano de A'era, by clubbing them with said rifles held 
in the hands of Terega Pagarigan and Baymondo Bergora, inflcting wounds there- 
with whereof they, the said Lucas Poco, Jocquin Tiansin, and Mariano de Vera then 
and there died." 

"This at the time and place above specified." 

Pleas. — To the specification, "not guilty;" to the charge, "not guilty." 

Findings. — Of the specification, "guilty, with the exception of the words 'Lucas 
Poco, Jocquin Tiansin, and Mariano de Vera,' substituting therefor the words 
'names unknown,' and of the excepted words not guilty and of the substituted 
word guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Terega Pagarigan 
and Baymondo Bergora, natives, and each of them, "to be hanged by the neck 
until dead, at such time and place as the reviewing authority may direct, two-thirds 
of the members of the commission concurring therein." 

In the foregoing case of Terega Pagarigan and Baymondo Bergora, natives, the 
evidence that the accused deliberately beat to death with the butts of their rifles 
three natives who were bound while their murder was being accomplished, is over- 
whelming and conclusive, and established the further fact that the accused are 
ladrones or guerrillas. Both of the accused, after being informed of their priv 
ileges, were at their request sworn in their own behalf. One, Terego Pagarigan, 



30 CHAEGES OF CRUELTY ETC., TO FILIPINOS. 

admitted that the murdered men were tied, as previously testified to, but claimed 
that this was done by people from San Juan, and denied that the men were killed, 
claiming that they died from lack of food. The other, Raymondo Bergora, con- 
tented himself with saying that the murdered men had robbed him of two carabaos, 
and that when he arrived upon the scene they were already tied. He explained 
that he did not untie them, because he was afraid of his companion in crime, 
Pagarigan, who he says was armed with a gun. The evidence of these accused in no 
way discredits the testimony against them, which is complete and convincing. 

That the prosecution was unable to prove the names of the murdered men is 
explained in the testimony of record, from which it appears that they had lived in 
another locality than that in which the murder was committed. The fact in no way 
affects the correctness of the findings or sentence. The gist of the crime was proved 
when it was shown beyond a reasonable doubt that the accused beat to death, in the 
manner and form as charged, the three natives, the burial as well as killing of which 
a number of witnesses have testified to. 

The sentence, which was duly approved by the department commander on July 
30, 1900, is confirmed, and will be duly executed on the 21st day of September, 1900, 
at the pueblo of Moncada, province of Tarlac, Luzon, P. I., under the direction of 
the commanding general, Department of Northern Luzon. 

By command of Major-General Mac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I. , September 5, 1900. 
General Orders, No. 83. 

Before a military commission which convened at Binalonan, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters 
Department of Northern Luzon, May 31, 1900, and of which Capt. Frederick S. 
Wild, Thirteenth U. S. Infantry, was president, and Capt. Arthur Johnson, adjutant 
Thirteenth IT. S. Infantry, was judge-advocate, was arraigned and tried Melecio 
Castillo, Santiago Castillo, and Segundo Obejo, natives. 

Charge I. — "Assault and battery with intent to do bodily harm." 

Specification. — "In that Melecio Castillo, Santiago Castillo, and Segundo Obejo, in 
company of and consorting with armed outlaws to the number of ten, more or less, 
did, in time of insurrection, enter the barrio of Namipitan, pueblo of Binalonan, 
province of Pangasinan, P. I., a place then, as now, in the theater of military oper- 
ations, and did unlawfully seize and conduct therefrom, with intent to do bodily 
harm, Roman Docosin, Maximino Tabaldo, Severino Prado, Maximo Saborboro, and 
Dolores Dingli, natives lawfully residing in said barrio. 

"This at the place above specified at about 10 o'clock p. m. February 17, 1900." 

Charge 11.—" Murder." 

Specification. — "In that Melecio Castillo, Santiago Castillo, and Segundo Obejo, in 
company of and consorting with armed outlaws to the number of ten, more or less, 
did willfully, feloniously, and with malice aforethought, murder and kill Roman Doco- 
sin, Maximino Tabaldo, Severino Prado, Maximo Saborboro, and Dolores Dingli, by 
shooting them, the said Docosin, Tabaldo, Prado, Saborboro, and Dingli, with guns, 
and stabbing them, the said Docosin, Tabaldo, Prado, Saborboro, and I)ingli, with 
lances and bolos held in the hands of the said M. Castillo, S. Castillo, and Obejo, and 
of the said outlaws, inflicting wounds therewith, Avhereof they, the said Docosin, 
Tabaldo, Prado, Saborboro, and Dingli, then and there died. 

"This in time of insurrection, on or about February 17, 1900, at or near the barrio 
of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as 
now, in the theater of military operations." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty." To the specification, second charge, "not guilty;" to the second charge, 
"not guilty." 

FiNDiN(is. — Of the specification, first charge, "guilty, except the words and figures 
'February 17, 1900,' substituting therefor the words and figures 'February 18, 1900;' 
of the excepted words and figures, not guilty; of the substituted words and figures, 
guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty, 
except the words 'and Dolores Dingli,' the words 'shooting them, the said Docosin, 
Tabaldo, Prado, Saborboro, and Dingili, with guns and,' the words 'and Dingli,' the 
words 'lances and,' the words 'and Dingli,' the words and figures 'February 17, 
1900,' substituting therefor the words and figures 'February 18, 1900;' of the excepted 
words and figures, not guilty; of the substituted words and figures, "guilty." Of 
the second charge, "guilty." 



CHARGES OF CRUELTY ETC., TO FILIPINOS. 31 

Sentence. — And the commission does therefore sentence them, Melecio Castillo, 
Santiago Castillo, and Segundo Obejo, and each of them, "To be hmig by the neck 
until they are dead, at such time and j^lace as the reviewing authority may direct, 
two-thirds of the members of the connnission concurring therein." 

In the foregoing case of Melecio Castillo, Santiago Castillo, and Segundo Obejo, 
who were jointly tried, the sentences, which were duly approved by the command- 
ing general, Department of Xorthern Luzon, on July 30, 1900, are confirmed' but 
are, in the case of each of these accused, mitigated to confinement at hard labor for 
life, and, so mitigated, will he duly executed at the Presidio de Manila, to which 
place the prisoners will be sent under proper guard. 

B}^ command of Major-General Mac Arthur: 

M. Barbek, 
Assistant Adjutant- Getteral. 



Headquarters Division of the Philippines, 

ManUa, P. L, September 10, 1900. 
General Orders, No. 84. 

Before a military commission which convened at Bautista, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, Xo. 63, Headquarters Depart- 
ment of Xorthern Luzon, June 25, 1900, and of which Capt. Daniel H. Brush, Seven- 
teenth U. S. Infantry, was president, and First. Lieut. David P. Cordray, Seventeenth 
Tj. S. Infantry, was judge-advocate, were arraigned and tried Sabastian Tapador and 
Gregoria Mendoza, natives. 

Charge. — " Murder. ' ' 

Specification. — "In that they, Sabastian Tapador and Gregoria Mendoza, natives, 
and each of them, on or about February 8, 1900, then as now a time of insurrection 
at or near the barrio of Nelomtap, pueblo of San Carlos, province of Pangasinan, P. I.', 
a place then as now in the theatre of active military operations, in company of and 
consorting with Roque Doria, native, the three comprising a band of armed outlaws 
commanded and led by the said Tapador, did willfully, feloniously, and with malice 
aforethought kill and murder one Pablo Garcia, a native, by shooting him, the said 
Garcia, with guns held in the hands of said Tapador and Doria, inflicting womids 
therewith whereof he, the said Garcia, then and there died. This at the times and 
places above specified." 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 

Findings. — And the commission finds Gregoria Mendoza, native, one of the 
accused, of the specification, "not guilty;" of the charge, "not guilty." And the 
commission does therefore "acquit" him, Gregoria Mendoza, native. 

Findin(tS. — And the commission finds Sabastian Tapador, native, one of the accused 
of the specification, "guilty, with the exception of the words 'and Gregoria Men- 
doza,' 'and each of them,' ' in company of and consorting with Poque Doria, native, 
the three comprising a band of armed outlaws commanded and led by said Tapador,' 
'and Doria,' and of the excepted words, not guilty, substituting the word 'native' 
for ' natives ' in the place where it follows the names of Sabastian Tapador and Gre- 
goria Mendoza, and of the substituted word, guilty. Substituting the words 'a gun' 
for 'guns' in the sentence 'by shooting him, the said Garcia, with guns,' and of the 
substituted words guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Sabastian Tapador, 
native, one of the accused, "to be hanged by the neck until dead, at such time and 
place as the revieAving authority may direct, two-thirds of the members concurring." 

In the foregoing case of Sabastian Tapador and Gregoria ^lendoza, natives, the 
proceedings and findings are approved, and the latter, Gregoria Mendoza, will be set 
at liberty. The sentence in the case of Sabastian Tapador, which was approved by 
the department commander on August 14, 1900, is confirmed, but is commuted to 
imprisonment at hard lal)or for the period of his natural life, and as thus commuted 
will be duly executed at the Presidio de ^lanila, to which place the prisoner will be 
sent under proper guard. 

By command of ^Major-General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. /., September 10, 1900. 
General Orders, Xo. 85. 

Before a military commission which convened at Apalit, province of Pampanga, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 53, Headquarters Depart- 



32 CHAEGES OF CRUELTY ETC.. TO FILIPINOS. 

ment of Xorthern Luzon, June 15, 1900, and of which Maj. Albert Laws, 35th 
Lifantry, U. S. Vohniteers, was president, and First Lieut. Alvin C. Voris, 35th 
Infantry, U. S. Vohmteers, was judge-advocate, was arraigned and tried Edwardo 
^lamangun, a native. 

Charge. — "3Iurder." 

SpeciticatioiL — "In that he, Edwardo Mamangun, native, on or about March 26, 
1900, then as now a time of insurrection, at or near the village of San Nicholas, town 
of San Simon, island of Luzon, P. L, a place then as now under the military govern- 
ment of the I'nited States, in company of and leader of a band of outlaws armed with 
deadly weapons, to wit, Remington rifles, did willfully, feloniously, and with malice 
aforethought kill and murder one Francisco Salaveria, native, by shooting him, the 
said Salaveria, with a Remington rifle, inflicting wounds therewith, whereof he, the 
said Salaveria, then and there died. This at the time and place above specified." 

Pleas. — To the specification, "not guilty;" to the charge, "not guilty." 

Findings. — Of the specification, "guilty, except to the words 'shooting,' substi- 
tuting therefor 'striking and stabbing,' and 'with a Remington rifle,' sulostituting 
therefor 'with a bolo and dagger;' of the excepted words, not guilty, and of the 
substituted words, guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Edwardo Maman- 
gim, a native, "to be hanged by the neck until he is dead, at such time and place as 
the reviewing authority may direct; an unanimous concurrence therein." 

In the foregoing case of Edwardo INIamangun, native, it is clearly shown by the 
testimony of several witnesses that the accused was one of a band of outlaws armed 
with rifles and bolos, that he gave directions and appeared to be in command of said 
band which, about midnight, took by force Francisco Salaveria from his home and 
with threats and blows compelled him to go with them to a distant and secluded 
place, where, the following morning, with a bolo in the hands of a member of the 
band, their prisoner was murderously assaulted, the accused also aiding in the fatal 
wounding by thrusting a dagger held in his hand through the neck of his victim. 
Two witnesses, who were present at the killing of Francisco Salaveria, testify that 
they were taken by the band from their work and compelled to be present at the 
time of the murder for the declared purpose of burying the body of the victim. 
Sworn in his own behalf, the accused first denied and then admitted that he was 
present with the band. His admissions make conclusive the chain of evidence 
against him and leave no reasonable doubt that more than any other menber of the 
band he was responsible for and was an active principal in a most brutal and deliberate 
murder. 

The sentence, which was duly approved by the department commander on July 
30, 1900, is confirmed, and will be duly executed on the fifth (5th) day of October, 
A. D. 1900, at the pueblo of Apalit, province of Pampanga, Luzon, P. L, under the 
direction of the commanding general, Department of Xorthern Luzon. 

By command of IMajor-General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, September 10, 1900. 
C-feneral Orders, Xo. 86. 

Before a military commission which convened at Aparri, province of Cagayan, 
Luzon, P. L, pursuant to paragraph II, Special Orders, Xo. 79, Headquarters Depart- 
ment of the Pacific and Eighth Army Corps. March 24, 1900, of which Maj. Henry 
C. Ward, Sixteenth Y. S. Infantry, was president, and First Lieut. Guy G. Palmer, 
Sixteenth L". S. Infantry, was judge-advocate, was arraigned and tried Anton Pisca, a 
native. 

Charge I. — "Assault and battery, in violation of the laws and usages of war." 

Specification. — "In that he, Anton Pisca, native, on or about April 9, 1900, then as 
now a time of insurrection, at or near the barrio of Dugo, pueblo of Camalaniugan, 
province of C'agayan, P. L, a place then as now in the theater of active military 
operations, in company of Alberto Mariano and Catalino Lara, did, feloniously and 
wilfully, without just provocation, assault Aurelio Utames and Deurian Alubani, 
natives, and did bind them with a rope and carry them, the said Aurelio Ltames and 
Deurian AluV)ani, captives to the ranch of Valiente, barrio of Dugo, pueblo Camala- 
niugan, province of Cagayan, P. I." 

"This at the time and place above specified." 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 33 

Charge II. — "Robbery, in violation of the laws and usages of war." 

Specification. — "In that he, Anton Pisca, native, on or about April 9, 1900, then as 
now a time of insurrection, at or near the ranch of Valiente, barrio of Dugo, pueblo 
of Camalaniugan, pro^ince of Cagayan, P. I., a place then as now in the theater of 
active military operations, in company of Alberto ^Mariano and Catalino Lara, did, 
feloniously and forcibly, take from the presences of Aurelio Utames and Deurian 
Alubani, natives, the sum of six (6) pesos, more or less, the property of the said 
Aurelio Utames and Deurian Alubani." 

"This at the time and place above specified." 

Charge III.— "Murder." 

Specification. — "In that he Anton Pisca, native, on or about February 28, 1900, then 
as now a time of insurrection, at or near the barrio of Dugo, pueblo of Camalaniugan, 
province of Cagayan, P. I., a place then as now in the theater of active military opera- 
tions, in company of persons unknown, did wilfully, feloniously, and with malice afore- 
thought, kill and murder Che Te Bo, Chic Kue, Chae Levee Co, and Taen Han Chee, 
Chinamen, with gun or bolo, held in the hand of the said Anton Pisca, inflicting 
wounds therewith, whereof they, the said Chinamen, then and there died." 

"This at the time and place above specified." 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
' ' not guilty. ' ' To the specification, third charge, ' ' not guilty. ' ' To the third charge, 
"not guilty." 

Findings. — Of the specification, first charge, ' ' guilty. ' ' Of the first charge, ' ' guilty. ' ' 
Of the specification, second charge, "guilty." Of the second charge, "guilty." Of 
the specification, third charge, "not guilty." Of the third charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Anton Pisca, native, 
' ' to be confined at hard labor, in such penitentiary as the reviewing authority may 
direct, for two (2) years." 

In the foregoing case of Anton Pisca, native, the evidence shows that the accused 
belonged to a band of insurgents; that he, with two comjDanions, arrested two men, 
Avith the declared intention at the time of taking them before the chief of the insur- 
gents, and did actually take them to his camp, when the release of the captives was 
at once ordered, and they were permitted to go away unharmed. 

The evidence adduced in support of the second charge and its specification is the 
same as recited above, with the additional fact that one witness testifies that 3 
pesos were taken from him and 3 pesos from his companion. The comrade of the 
witness, vrho was also temporarily deprived of his liberty, was not called to testify. 
This leaves the proof of the alleged robbery resting upon the testimony of a single 
witness. In another aspect it may reasonably be inferred that the taking of the 
money might have been more an incident of the arrest, honestly conceived as an act 
of war, than an original intent to rob; and as the accused offered evidence of a past 
honest and industrious life, which was not in any way impeached, the reviewing 
authority accepts the view most favorable to the accused. So considered the offenses 
alleged, while technically violating the laws and usages of war, do not, however, take 
on a sufiiciently serious aspect to call for the jurisdiction of a military commission. 

The findings upon the first and second charges and their specifications are therefore 
disapproved. The accused, Anton Pisca, will be detained as a prisoner of war until 
further orders from these headquarters. 

By command of Major-General Mac Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., September 13, 1900. 
General Orders, No. 87. 

I. Before a military commission which convened at Binalonan, province of Pan- 
gasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters 
Department of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, 
13th U. S. Infantry, was president, and First Lieut. Harvey AV. Miller, 13th U. S. 
"Infantry, was judge-advocate, was arraigned and tried : 

Poman Santiago, native. 

Charge I. — "Abduction." 

Specification. — "In that Roman Santiago, a native, in company of and consorting 
with armed outlaws, to the number of ten, more or less, did unlawfully and feloni- 
ously seize, bind, and conduct away, against their will, Antonio Estrada and Angel 

S. Doc. 205, pt 2 3 



34 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

Acosta, natives. This in time then, as now, of insurrection, on or about April 
20, 1900, at or near Cakipaan, a barrio of Asingan, province of Pangasinan, P. [., a 
place then, as now, in the theater of military operations." 

Charge II. — "Robbery." 

Specification. — "In that Roman Santiago, a native, in company of and consorting 
with armed outlaws, to the number of ten, more or less, did feloniously and forcibly 
take from the persons of Antonio Estrada and Angel Acosta forty pesos (40) in coin. 
This in time then, as now, of insurrection, on or about the 20th day of April, 1900, 
at or near Binalonan. province of Pangasinan, P. I., a place then, as now, in the 
theater of military operations." 

Chaege III. — "Assault with intent to kill." 

Specification. — "In that Roman Santiago, a native, in company of and consorting 
with armed outlaws, to the number of ten, more or less, did make a violent assault 
upon Angel Acosta, by shooting him with a gun with intent then and there feloni- 
ously, willfully, and with malice aforethought, to kill and murder the said Acosta. 
This in time then, as now, of insurrection, on or about the 20th day of April, 1900, 
at or near Baag, a barrio of Binalonan, a place then, as now, in the theater of mili- 
tary operations." 

Charge IV.— "Murder." 

Specification. — "In that Roman Santiago, a native, in company of and consorting 
with armed outlaws, to the number of ten, Miore or less, did willfully, feloniously, 
and with malice aforethought, murder and kill Antonio Estrada, a native, by shoot- 
ing the said Estrada with guns held in the hands of the said Santiago and outlaws, 
inflicting wounds whereof the said Estrada then and there died. This in time 
then, as now, of insurrection, on or about the 20th day of April, 1900, at or near 
Baag, a barrio of Binalonan, province of Pangasinan, P. L, a place then, as now, in 
the theater of military operations. " 

Pleas. — To the specification, first charge, " not guilty." To the first charge, " not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
* ' not guilty. ' ' To the specification, third charge, ' ' not guilty. ' ' To the third charge, 
"not guilty." To the specification, fourth charge, "not guilty." To the fourth 
charge, " not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty." Of the second charge, 
"guilty." Of the specification, third charge, "guilty." Of the third charge, 
"guiltv." Of the specification, fourth charge, "guilty." Of the fourth charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Roman Santiago, 
native, "To be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

II. Before a military commission which convened at Binalonan, Province of Pan- 
gasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters 
Department of Northern Luzon, May 31, 1900, of which Capt. Frederick S. Wild, 13th 
U. S. Infantry, was president and Capt. Arthur Johnson, adjutant, 13th U. S. Infan- 
try, was judge-advocate, was arraigned and tried: 

Publo de la Cruz, a native. 

Charge I. — "Forcible abduction." 

Specification. — "In that he, Pablo de la Cruz, a native, and a resident of Asingan, 
Province of Panagasinan, Island of Luzon, P. I., on or about the 20th of April, 1900, 
a time then, as now, of insurrection, at Binalonan, Province of Pangasinan, Island 
of Luzon, P. I., a place then, as now, under the military authority of the United 
States, in company of and consorting with a band of armed outlaws, to wit: A so- 
called 'Teniente Roman' and others to the number of ten, more or less, names 
unknown, did, feloniously and forcibly, bodily seize and carry away one Antonio 
Estrada and one Angel Acosta, natives. This in the barrio of Baag, pueblo of 
Binalonan, Island of Luzon, P. I., on the date above specified." 

Charge IL— "Murder." 

Specification. — "In that Pablo de la Cruz, native, on or about April 20, 1900, in 
time of insurrection, then and there being and within the territory occupied by the 
military forces of the United States, in company of and consorting with a band of 
armed outlaws, to wit: A so-called 'Teniente Roman,' and others to the number of- 
ten, more or less, names unknown, did, feloniously and willfully, assault Antonio 
Estrada, a native, and did bind the arms of the said Estrada, did forcibly seize and 
carry away the said Estrada, and did, willfully and feloniously, kill and murder the 
said'Estrada, by shooting him with rifies held in the hands of members of the said 
band, names unknown, inflicting wounds upon the said Estrada, from which he then 
and there died. This in the barrio of Baag, pueblo of Binalonan, Island of Luzon, 
P. I., on the date above specified." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 35 

Charge III. — " Assault with intent to murder." 

Specification. — "In that Pablo de la Cruz, native, on or about April 20, 1900, in 
time of insurrection, then, as now, and within the territory then, as now, occupied by 
United States military forces, in company of and consorting with a band of outlaws, 
to wit: A so-called 'Teniente Roman,' and others, numbering ten, more or less, and 
armed with rifles, did, willfully, feloniously, and with malice aforethought, attempt 
to kill and murder one Angel Acosta, a native, by shooting the said Acosta with rifles 
held in the hands of members of said band, names unknown, inflicting wounds on 
the body of said Acosta. This in the barrio of Baag, pueblo of Binalonan, Island of 
Luzon, P. I., on or about the date specified." 

Charge IV. — "Robbery in violation of the laws and usages of war." 

Specification. — "In that Pablo de la Cruz, native, on April 20, 1900, in time of 
insurrection, then and there being and within the territory occupied by the military 
forces of the United States, in company of and consorting with a party of armed 
outlaws to the number of ten, more or less, names unknown, did feloniously take, 
and steal from the person of Angel Acosta, native, the sum of twenty-five (25) 
pesos, in silver, and from the person of Antonio Estrada, native, the sum of (13) 
pesos, in silver, and did, with armed companions, carry away and appropriate to 
their own use and benefit the said thirty-eight (38) pesos. This in the barrio of 
Baag, pueblo of Binalonan, Pangasinan, P. I., on the date above specified. " 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." To the specification, third charge, "not guilty." To the third 
charge, "not guilty." To the specification, fourth charge, "not guilty." To the 
fourth charge, "not guilty." 

Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" 
of the specification, second charge, "guilty; " of the second charge, "guilty; " of the 
specification, third charge, "guilty; '' of the third charge, " guilty; " of the specifi- 
cation, fourth charge, "guilty;" of the fourth charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Pablo de la Cruz, 
"to be hung by the neck until he is dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing cases of Roman Santiago and Pablo de la Cruz, the finding upon 
the first charge and its specification in each case is disapproved, the offense being 
* ' kidnapping ' ' instead of ' ' abduction. ' ' The evidence is conclusive that these accused 
were members of a band of guerrilla marauders, which, armed with rifles, violently 
seized upon the highway two natives, Antonio Estrada and Angel Acosta, while 
these were engaged in peaceful and legitimate pursuits; that the band tied and bound 
them and robbed them of their money, accusing them in the meantime of being 
"spies of the Americans," and then took them to the barrio of Badg and tied them 
to a telegraph pole; that thereupon the band, including these accused, arranged 
themselves about and fired into their victims a volley, the command for which was 
given by the accused Pablo de la Cruz, and as a result of which Estrada fell dead and 
Acosta received three gunshot wounds; that the latter, though left for dead by the 
accused and his band with the body of Estrada, revived and reported the crime to 
the authorities, with the result that the dead body of Antonio Estrada was recovered 
at the place where he fell. 

These accused were represented by counsel. At their trials they called no witnesses 
and offered no testimony, and suffered this evidence of a deliberate and atrocious 
murder to go uncontradicted and undisputed, except that the accused Roman San- 
tiago, through his counsel, made an uncorroborated and unsupported statement that 
he was not present when the crime was committed and had no connection with its 
perpetration. 

The evidence against these accused is complete and convincing, being positive 
and direct upon every step taken in the commission of the crimes charged against 
them, from the seizure of the two natives up to the giving of the command by the 
accused Pablo de la Cruz for, and the joining of both of these accused in, the volley 
which killed Estrada and seriously wounded Acosta, and leaves no room for doubt 
of the guilt of these accused of the crimes with which they are charged and of which 
they have been found guilty. 

The sentences in these cases, which were approved by the commanding general, 
Department of Northern Luzon, on. August 16, 1900, and'^July 16, 1900, respectively, 
are confirmed, and will be executed on the fifth (5) day of October, 1900, at the 
pueblo of Binalonan, province of Pangasinan, Luzon, P. I., under the direction of 
the commanding general. Department of Northern Luzon. 

III. Before a military commission which convened at Binalonan, province of Pan- 



36 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

gasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 40, Headquarters 
Department of Xorthern Luzon, ]May 31. 1900, of which Capt. Frederick S. Wild, 13th 
Y. S. Infantry, v.as president, and Capt. Arthur Johnson, adjutant, 13th L". S. 
Infantry, was judge-advocate, was arraigned and tried Roman Santiago, native. 

Charge I. — ''Assault and battery with intent to do bodily harm.'' 

Specijicatlon. — '• In that Roman Santiago, in company of and consorting with armed 
outlaws to the number of ten, more or less, did, in the time of insurrection, enter the 
barrio of Xamipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, 
as now, in the theater of military operations, and did unlawfully seize and conduct 
therefrom, with intent to do bodily harm, Roman Docosin, Maximino Tabaldo, 
Severino Prado, Maximo Saborboro, and Dolores Dingli, natives, lawfully residing 
in said barrio. This at the place above specified at about 10 o'clock p. m. February 
17. 1900."' 

Chaege II. — •• Murder." 

Specijicatlon. — '"In that Roman Santiago, in company of and consorting with armed 
outlaws to the number of ten. more or less, did willfully, feloniously, and with malice 
aforethought, murder and kill Roman Docosin. Maximino Tabaldo, Severino Prado, 
Maximo Saborboro, and Dolores Dingli, by shooting them, the said Docosin. Tabaldo, 
Prado, Saborboro. and Dingli, with guns, and stabbing them, the said Docosin, 
Tabaldo, Prado, Saborboro, and Dingli. with lances and bolos held in the hands of 
the said Santiago and of the said outlaws, inflicting wounds therewith, whereof 
they, the said Docosin, Tabaldo, Prado, Saborboro, and Dingli, then and there 
died. 

'' This in time of insurrection, on or about February 17. 1900, at or near the barrio 
of Xamipitan, pueblo of Binalonan. province of Pangasinan. P. I., a place then, as 
now, in the theater of military operations. "" 

Pleas. — To the specification, first charge, "not guilty." To the first charge, ""not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, "guilty." 
Of the specification, second charge, "guilty, except the words 'and Dolores Dingli.' 
the words ' shooting them, the said Docosin, Tabaldo, Prado, Saborboro, and Dingli, 
with guns and,' the words 'and Dingli,' the words 'lances and,' the words 'and 
Dingli,' of the excepted words, not guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Roman Santiago, 
"to be hmig by the neck until he is dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Roman Santiago the evidence conclusively establishes that 
the accused was in command of a guerrilla band of outlaws, of thirty or more, armed 
with bolos and rifles, which descended in the night time upon the barrio of Xamipitan 
and forcibly seized and dragged from their homes and barrio Roman Docosin, ]\Iaxi- 
mino Tabaldo, Severino Prado, Maximo Saborboro, and Dolores Dingli, natives; that 
M'ithin two weeks thereafter the dead bodies of these persons, with the exception of 
Dol(:»res Dingli, of whom no trace has since been had. were discovered in a fleld near 
the said barrio, mutilated with wounds that must in each case have resulted in death, 
and inflicted by weapons similar to those with which the accused and his band were 
armed. 

The identification of the accused as the leader of the band, and his commands to 
it for the seizing and taking away of its victims, are established by e^'idence that is 
absolute, positive, and direct. Though represented by counsel, he had no witnesses 
to call, did not desire to be sworn in his own behalf, and attempted no denial of the 
testimony against him. 

The evidence of the murder by the accused of the four persons spirited away by 
him and his band, and whose dead bodies were subsequently found close to the scene 
of their forcible and illegal kidnapping, is presumptive only, but considered with 
the indisputable proof of the death by violence of these persons and of the accused's 
clearly and directly established connection with their kidnapping as the leader of 
the band who gave the commands therefor, and with the absence of all evidence to 
weaken or rebut the presumption of guilt to which these established facts give rise, is 
so cogent and convincing as to preclude a reasonable doubt that the accused is guilty 
in the manner and form as found by the commission. 

The sentence, which was approved on July 16. 1900, by the commanding general, 
Department of Xorthern Luzon, is confirmed. But the accused having in the mean- 
time been found guilty of other acts of outlawry and crime, and the death sentence 
adjudged against him in another case wherein he was found guilty, among other 
offenses, of the murder of one Antonio Estrada, having been ordered to be carried 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 37 

into effect at the pueblo of Binalonan, province of Pangasinan, Luzon, P. I., on the 
5th day of October, A. D. 1900, there remains nothing further to he done herein. 
By command of Major-General MacArthur: 

M. Barbee, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, September 14, 1900. 
General Orders, No. 88. 

Before a military commission which convened at Bautista, province of Pangasinan, 
Luzon, P. L, pursuant to paragraph 1, Special Orders, No. 63, Headquarters Depart- 
ment of Northern Luzon, June 25, 1900, and of which Capt. Daniel H. Brush, Seven- 
teenth U. S. Infantry, was president, and First Lieut. David P. Cordray, Seventeenth 
U. S. Infantry, was judge-advocate, was arraigned and tried: 

Guiliermo Garcia and Florencio Semana, natives. 

Charc^e. — " Murder. ' ' 

Specification. — "In that they, Guiliermo Garcia and Florencio Semana, natives, 
each of them, on or about May 27, 1900, then as now a time of insurrection, near the 
barrio of San Julian, pueblo of Moncada, province of Tarlac, Luzon, P. I., a place, 
then as now, in the theater of active military operations, in company of and consort- 
ing with a band of outlaws, numbering five, more or less, and armed with bolos, did, 
wilfully, feloniously, and with malice aforethought, kill and murder Juana Licay, 
Alejandro Manyon, Ambrosio Belagot, and Espitacia Manyon, by stabbing and cut- 
ting the said Juana Licay, Manyon, Belagot, and Manyon with bolos held in the 
hands of Guiliermo Garcia, Florencia Semana, and one other native, inflicting wounds 
therewith whereof they, the said Juana Licay, Alejandro Manyon, Ambrosio Belagot, 
Espitacia Manyon then and there died. This at the time and place above specified." 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 

Findings. — Of the specification, "guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence Guiliermo Garcia and 
Florencio Semana, natives, and each of them, "to be confined at hard labor, for the 
remainder of their lives, at such place as the reviewing authority may direct." 

In the foregoing case of Guiliermo Garcia and Florencio Semana, natives, it appears 
from the testimony of many witnesses that two men, one w^oman, and a young girl 
were killed by bolo wounds in the neck, and that the accused confessed that they 
inflicted these fatal wounds because they were ordered to do so by a neighlDor. 

What motive, other than the mere lust for taking human life, may have actuated 
the accused is not disclosed in the record. 

The sentence, which was duly approved by the dei)artment commander, on 
August 13, 1900, is confirmed and will be duly executed at the Presidio de Manila, to 
which place the prisoners will be sent under proper guard. 

By command of Major-General Mc Arthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., September 17, 1900. 
General Orders, No. 91. 

Before a military commission which convened at Salasa, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 53, Headcjuarters Depart- 
ment of Northern Luzon, June 15, 1900, and of which Maj. William H. Bishop, 
Thirty-sixth Infantry, V. S. Volunteers, Mas president, and Second Lieut. Llewellyn 
N. Bushfield, Seventeenth U. S. Infantry, was judge-advocate, was arraigned and 
tried Dionisio Rosario, a native. 

Charge I.— "Murder." 

Specification. — "In that Dionisio Rosario, native, on or about January 5, 1900, then 
as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, 
province of Pangasinan, P. I., a place then as now in the theater of active military 
operations, in company of and consorting with a l)and of armed outlaws to the nuni- 
ber of thirty, more or less, commanded and led by the said Dionisio Rosario, did 
willfully, feloniously, and with fiendish cruelty kill and murder one Ricanlo Sison, 
a native, by stabbing him, the said Sison, with a bolo held in the hands of members 



38 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

of said band, names unknown, inflicting severe wounds therewith, and by throwing 
the said Sison, bound with cords, into the river near by, whereof he, the said Sison, 
then and there died. This at the times and places above specified." 

Charge II. — "Burglary."' 

SjM'cincdt ion. — ''In that he, Dionisio Rosario, native, on or about January 5, 1900, 
then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, 
province of Pangasinan, P. I., a place then as now in the theater of active military 
operations, in company of and consorting with a band of armed outlaws to the num- 
ber of thirty, more or less, commanded and led by the said Dionisio Rosario, did 
feloniously and forcibly break and enter the house of Andres Bautista at night, and 
take therefrom two trunks, a quantity of jewelry, and 19 barras of palay, value un- 
known, and the sum of 35 Mexican dollars, the property of the said Andres Bautista. 
This at the times and places above specified." 

Charge III.— '"Robbery." 

Specification 1. — "In that he, Dionisio Rosario, native, on or about January 5, 1900, 
then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, 
province of Pangasinan, P. I., a place then as now in the theater of active military 
operations, in company of and consorting with a band of armed outlaws to the num- 
ber of thirty, more or less, commanded and led by the said Dionisio Rosario, did 
feloniously and with threats of violence take from the presence of Ysidra Gimenes, 
native, a quantity of jewelry and dresses, value unknown, the property of the said 
Ysidra CTimenes. This at the times and places above specified." 

Specification 2. — "In that he, Dionisio Rosario, native, on or about January 5, 1900, 
then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, 
province of Pangasinan, P. I., a place then as now in the theater of active military 
operations, in company of and consorting with a band of armed outlaws to the num- 
ber of thirty, more or less, commanded and led h\ the said Dionisio Rosario, did 
feloniously and forcibly take from the presence of Catalino Bautista, native, a quan- 
tity of jewelry, value unknown, the proj^erty of said Catalino Bautista. This at the 
times and places above specified." 

Specification 3. — "In that he, Dionisio Rosario, native, on or about January 5, 1900, 
then as now a time of insurrection, at or near the barrio of Banaga, pueblo of Salasa, 
province of Pangasinan, P. I., a place then as now in the theater of active military 
operations, in company of and consorting with a band of outlaws to the number of 
thirty, more or less, commanded and led by the said Dionisio Rosario, did feloniously 
and forcibly take from the presence of Felipe Gimenes, native, dresses to the value 
of 24 Mexican dollars, the property of the said Felipe Gimenes. This at the times 
and places above specified." 

Specification 4- — ''In that he, Dionisio Rosario, native, on or about January 10, 1900, 
then as now a time of insurrection, at or near the Vjarrio of Anagao, pueblo of Salasa, 
province of Pangasinan, P. I., a place then as now in the theater of active military 
operations, in company of and consorting with a band of outlaws to the number of 
thirty, more or less, commanded and led by the said Dionisio Rosario, did feloniously 
and forcibly take from the presence of Feliz Vallao, native, twohorses, value unknown, 
the propertv of the said Feliz Vallao. This at the times and places above specified." 

Charge IV.—' ' Assault. ' ' 

Specification. — "In that he, Dionisio Rosario, native, on or about January 10, 1900, 
a time of insurrection then as now, at or near the barrio of Anagao, pueblo of Salasa, 
province of Pangasinan, P. I., a place then as now in the theater of active military 
operations, in company of and consorting with a band of armed outlaws to the num- 
ber of 30, more or less, commanded and led by the said Dionisio Rosario, did assault 
Julian Espino, native, by seizing him forcibly, and by tying him, the said Espino, 
about the body with strong cords, for no cause whatever except that he stood accused 
by the said Dionisio Rosario of being an 'American spy.' This at the times and 
places above specified." 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." To the first specification, third charge, "not guilty." To the second 
specification, third charge, "not guilty." To the third specification, third charge, 
"not guilty." To the fourth specification, third charge, "not guilty." To the 
third charge, "not guilty." To the specification, fourth charge, "not guilty." To 
the fourth charge, "not guilty." 

Findings. — Of the specification, first charge, "not guilty." Of the first charge, 
"not guilty." Of the specification, second charge, "guilty, except as to the words 
'and take therefrom two trunks, a quantity of jewelry, and 19 l)arras of palay, value 
unknown, and the sum of 35 Mexican dollars, the property of the said Andres Bau- 
tista,' and of the accepted wortls not guilty." Of the second charge, "guilty." Of 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 39 

the first specification, third charge, "guilty." Of the second specification, third 
charge, ' ' guilty, except as to the words ' and forcibly ' and * from the presence of 
Catalino Bautista, native,' and of the accepted words, not guilty." Of the third 
specification, third charge, "not guilty." Of the fourth specification, third charge, 
"not guilty." Of the third charge, "guilty." Of the specification, fourth charge, 
"guilty, except as to the words 'by seizing him forcibly and by tying him, the said 
Espino, about the body with strong cords,' and of the excepted words not guilty." 
Of the fourth charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Dionisio Rosario, 
alias Disio Daguem, " to be confined at hard labor, at such place as the reviewing 
authority may direct, for twenty years." 

In the foregoing case of Dionisio Rosario, alias Disio Daguem, native, the finding of 
the commission upon the second specification to the third charge excepts all the 
material averments in said specification going to constitute robbery and removed it 
from further consideration under the charge as laid. It was alike the duty and the 
lawful province of the commission to h&\e substituted for this specification the charge 
of larceny, that being a lesser and included offense, plainly revealed in the evidence. 
The finding upon this specification is, because of its irregularity, disapproved. 

The finding upon the specification to the fourth charge excepts ail words of descrip- 
tion of the offense alleged, and leaves the conviction thereunder devoid of all value 
as a plea in bar of a second trial for the same offense. The finding upon the fourth 
charge and its specification is therefore disapproved. 

With the exceptions noted, the findings are ap];)roved. The sentence, which was 
approved by the department commander of August 20, 1900, is confirmed and will 
be duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. • 

By command of Major-General IMacArthur: 

M. Barbee, 
Asdstant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, September 20, 1900. 
General Orders, No. 92. 

Before a military commission which convened at Binalonan, province of Panga- 
sinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters 
Department of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Dun- 
can, Thirteenth U. S. Infantry, was president, and First Lieut. Harvey W, Miller, 
Thirteenth U. S. Infantry, was judge-advocate, was arraigned and tried: Pedro Dacoco 
and Lazaro Daro, natives. 

Charge. — " Murder." 

Specification. — " In that Pedro Dacoco and Lazaro Daro, natives, and each of them, 
in company of and consorting with armed outlaws to the number of sixty, more or 
less, did, wilfully, feloniously, and with malice aforethought, murder and kill Cirapion 
Altre, i)residente of Asingan at the time, Leonardo Victorio, xlugustine Opina, ^Mariano 
Catama, Gregorio Rivera, and one 'Gervac,' natives, by stabbing them with spears 
and bolos held in the hands of said Dacoco and Daro, and of said outlaws, infiicting 
wounds therewith, whereof they, the said Altre, Victorio, Opina, Catama, Rivera, and 
'Gervac,' then and there died. This in time, then as now, of insurrection against 
the United States, on or about the third week of November, 1899, at or near Asingan, 
province of Pangasinan, a place, then as now, in the theater of military operations of 
the United States forces." 

Pleas. — To the specification, "not guilty; " to the charge, " not guilty." 

Findings. — Of the specification, "guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Pedro Dacoco and 
Lazaro Daro, natives, and each of then, "to be hung by the neck until they are dead, 
at such time and place as the reviewing authority may direct, two-thirds of the 
members concurring therein." 

In the foregoing case of Pedro Dacoco and Lazaro Daro, natives, it appears in evi- 
dence that upon the approach of a troop of U. S. cavalry to the pueblo of Asingan, 
the presidente and others of said pueblo fled for safety to the barrio of Cocalditen; 
that three days later they were surrounded in their place of refuge by a band of 
armed outlaws, natives, and the presidente and five otlier men of the refugee party 
were assaulted and driven forth with blows inflicted with bolos in the hands of said 
outlaws, and that from that day until the present no one of the assaulted i)arty has 
since been seen among living men. One of the refugee party testified that upon the 



40 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

tirst appearance of the outlaws he fled and screened himself from view, and that the 
outlaws afterwards passed so close by him that he was able to recognize the accused, 
who were acquaintances of his, and saw them strike Cirapion Altre with bolos held 
in their hands, and that after falling to the ground the body of said Altre long 
remained motionless and until the witness, through fear, fled from the spot. Witness 
also heard men among the outlaw band say they had ' ' dispatched ' ' the other kid- 
naped men. 

Why these men while hiding from the American troops should have been ruth- 
lessly murdered by their own people does not appear. 

The sentence, which was approved by the department commander on the 16th day 
of August, 1900, is confirmed, but is commuted to confinement at hard labor for life. 
As thus commuted, the sentence will be duly executed at the Presidio de Manila, to 
which place the prisoners will be sent under proper guard. 

By command of Major-General MacArthur: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, October 15, 1990. 

General Orders, No. 95. 

Before a military commission which convened at Batangas, province of Batangas, 
Luzon, P. I., pursuant to paragraph 12, Special Orders, No. 95, Headquarters Depart- 
ment of South^n Luzon, July 16, 1900, and of which Col. George S. Anderson, 
Thirty-eighth Infantry, U. S. Volunteers, was j)resident, and Capt. Be\;erly A. Read, 
Thirty-eighth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried 
Albino Villareal, native. 

Charge. — "Being a guerrilla." 

Specljication. — " In that Albino Villareal, native, not being a member of any recog- 
nized military organization, but acting independently of the same, did, in combination 
with sundry other persons similarly acting, engage in unlawful warfare against the 
forces of the L^'nited States, and, in prosecution of such warfare, did lie in wait and 
fire upon a body of L"nited States troops on the march from Lipa, Luzon, P. I., to 
Tanauan, Luzon, P. I. This in time of insurrection at or near Lipa, Luzon, P. L, on 
or about July 2, 1900." 

Pleas. — To the specification, "not guilty. To the charge, "not guilty." 

Findings. — Of the specification, "guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him. Albino Villarel, 
native, "to be confined at hard labor, at such place as the reviewing authority may 
direct, for twent}' years." 

In the foregoing case of Albino Villareal, native, it appears from the evidence that 
the accused was an ex policeman of Lipa, and that prior to and including the first day 
of July, 1900, was following the occupation of a barber, that on the next day, July 2, a 
detachment of U. S. troops early in the morning left Lipa and about four miles out on 
the road to Tanauan, at about 8 o'clock, was fired upon by a large body of armed men; 
that the accused was seen and instantly recognized as one of the assailants standing in 
the rear of the detachment, and from a distance variously estimated from twenty-five 
to seventy-five yards, raise his rifle and fire repeatedly at and in the direction of the 
men of said detachment. 

Before noon of the same day the accused had returned and was acting the part of 
the peaceful neighbor in Lipa. The evidence leaves no reasonable doubt that the 
accused is one of a class of men who, while enjoying in their daily avocations the 
protection of the American soldiers, waylay and fire upon them whenever they fancy 
they have found a safe opportunity. 

To all such the laws of war authorize the penalty of death. The accused by an act 
of grace has been saved this extreme penalty. The sentence which was approved by 
the department commander on August 20, 1900, is confirmed and will be duly exe- 
cuted at the Presidio de Manila, to which place the prisoner will be sent under proper 
guard. 

By command of Major-General MacArthur: 

S. D. Sturgis, 
Assistant Adjutant- General. 



CHARGES 0¥ CRUELTY, ETC., TO FILIPINOS. 41 

Headquarters Division of the Philippines, 

Manila, P. I. , October 15, 1900. 
General Orders, Xo. 96. 

Before a military commission which convened at Apalit, province of Pampanga, 
Luzon, P. I., pursuant to paragrah 1, Special Orders, Xo. 53, Headquarters Depart- 
ment of Xorthern Luzon, June 15, 1900, and of which Maj. Albert Laws, Thirty-fifth 
Infantry, V. S. Volunteers, was president, and First Lieut. Alvin C. Voris, Thirty- 
fifth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried 
Simeon Mamangun, native. 

Charge I. — "JNIurder." Specification. — "In that he, Simeon Mamangun, native, 
on or about the 16th day of May, 1899, then as now a time of insurrection, at or near 
the village of Sucad, town of Apalit, Island of Luzon, P. I., a place then as now 
under the military government of the L'nited States, in company of and in command 
of a band of thieves, armed with deadly weapons, to wit. Remington rifles, did will- 
fully, feloniously, and with malice aforethought kill and murder one Telesforo Ponce, 
native, by shooting him, the said Ponce, with said rifles, inflicting wounds therewith, 
whereof he, the said Ponce, then and there died, he, the said Mamangun, being then 
and there present in command of said band. This at the time and place above 
specified." 

Charge II. — " Murder." Specification. — " In that he, Simeon Mamangun, native, 
on or about the 28th day of June, 1899, then as now a time of insurrection, at or near 
the village of Casinala, town of Apalit, Island of Luzon, P. I., a place then as now 
under the military government of the United States, did wilfully, feloniously, and 
wdth malice aforethought, beat with a revolver one Felix Guivara, native, inflicting 
wounds therewith, whereof he, the said Guivara, did die on the next day, the 29th 
of June, 1899. This at the time and place above specified." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, " not 
guilty;" to the specification, second charge, "not guilty;" to the second charge, 
"not guilty." 

FindinctS. — Of the specification, first charge, "guilty, except to the word 'thieves,' 
substituting therefor ' men ' of the excepted word not guilty and of the substituted 
word guilty;" of the first charge, "guilty;" of the specification; second charge, 
"guilty, except to the words 'feloniously, and with malice aforethought' and to the 
word 'beat,' substituting therefor 'strike,' and to the words 'the next day, the 
29th of June' substituting therefor 'the third day, on or about July 1, 1889,' of the 
excepted words not guiltj-, and of the substituted words guilty;" of the second 
charge, "not guilty of murder, but guilty of manslaughter." 

Sentence. — And the commission does therefor sentence him, Simeon Mamangun, 
a native, "to be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct; a unanimous concurrence therein." 

In the foregoing case of Simeon Mamangun, native, the finding upon the first 
charge and its specification is disapproved, the evidence failing to remove from the 
mind of the reviewing authority serious doubt of its sufficiency and credibility. 

The evidence upon the second charge and its specification being conclusive beyond 
all reasonable doubt, the sentence which was approved by the department com- 
mander on August 27, 1900, is confirmed; but is mitigated to confinement at hard 
labor for the period of ten years, and as thus mitigated will be duly executed at the 
Presidio de Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

S. D. Sturgis, 
Assistant Adjutant- General. 



Headql'arters Division of the Philippines, 

Manila, P. I., October 23, 1900. 
General Orders, Xo. 99. 

Before a military commission which convened at San Fernando, province of Union, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 42, Headquarters Depart- 
ment of Xorthern Luzon, June 3, 1900, and of which Maj. Charles F. Kieffer, surgeon. 
Forty-eighth Infantry, U. S. Vols., was president, and First Lieut. William T. John- 
ston, Third U. S. Cavalry, was judge-advocate, were arraigned and tried: flannel 
Bautista, Isidoro Ramires, Maximo Roldan, and Pedro Xegranza, natives. 

Charge I. — "Murder." 

Specification 1. — "In that Manuel Bautista and Isidoro Ramires, Filipinos, resi- 
dents of Bangar, Union Province, Luzon, P. I., INIaximo Roldan and Pedro Xe- 
granza, Filipinos, residents of Xamacpacan, province of La Union, Luzon, P. I., did, 



42 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

^vith sundry other persons armed with rifles and bolos, on or about the 10th day of 
January, 1900, then, as now, a time of insurrection, at Bangar, province of La Union, 
Luzon, P. I., then, as now, a place under the niihtary occupation and government of 
the LTnited States, feloniously, wilfully, and with malice aforethought, kill and mur- 
der one Hilario Aquino, a Filipino, by shooting him in the breast with a rifle or 
other flrearms, and by stabbing him below the left clavicle with a bolo or other 
sharp instrument, thereby inflicting certain wounds by reason of which wounds the 
said Hilario Aquino died on or about the 10th day of January, 1900. This at the 
time and place above specified." 

Specifications. — "In that Manuel Bautista and Isidoro Ramires, Filipinos, resi- 
dents of Bangar, province of La Union, Luzon, P. I., Maximo Roldan and Pedro 
Negranza, Filipinos, residents of Namacpacan, province of Union, Luzon, P. I., did, 
with sundry other persons, armed w^th rifles and bolos, on or about the 10th day of 
January, 1900, then, as now, a time of insurrection, at Bangar, province of La l^nion, 
Luzon, P. I., then, as now, a place under the military occupation and government 
of the United States, feloniously, wilfully, and with malice aforethought, kill and 
murder one Cipriano Gavino, a native, by shooting him in the breast with a rifle or 
other firearm, and by cutting his throat with a bolo or other sharp instrument, 
thereby inflicting certain wounds by reason of which wounds the said Cipriano 
Gavino died on or about the 10th day of January, 1900. This at the time and place 
above specified." 

Specification 3. — "In that Manuel Bautista and Isidoro Ramires, Filipinos, resi- 
dents of Bangar, province of La Union, Luzon, P. I., Maximo Roldan and Pedro 
Negranza, Filipinos, residents of Namacpacan, province of La Union, Luzon, P. I., 
did, with sundry other persons armed with rifles and bolos, on or about the 10th 
day of January, 1900, then, as now, a time of insurrection, at Bangar, province of 
La Union, Luzon, P. I., then, as now, a place under the miliary occupation and gov- 
ernment of the LTnited States, feloniously, wilfully, and with malice aforethought, 
kill and murder one Pio Lopez, a Filipino, Delegado de Justicia, of Bangar, province 
of La Union, Luzon, P. I., by shooting him in the breast with a rifle or other fire- 
arm, and by cutting his throat with a bolo or other sharp instrument, thereby inflict- 
ing certain wounds by reason of which wounds the said Pio Lopez died on or about 
the 10th day of January, 1900. This at the time and place above specifled." 

Specification 4- — "In that Manuel Bautista and Isidoro Ramires, Filipino residents 
of Bangar, province of La Union, Luzon, P. I., Maximo Roldan and Pedro Ne- 
granza, Filipino residents of Namacapan, province of La Union, Luzon, P. I., did, 
with sundry other persons armed with rifles and bolos, on or about the 10th day of 
January, 1900, then, as now, a time of insurrection, at Bangar, province of La Union, 
Luzon, P. I., then, as now, a place under the military occupation and government of 
the United States, feloniously, wilfully, and with malice aforethought, kill and mur- 
der one Antonio Morales, a Filipino, resident of Bangar, province of La Union, 
Luzon, P. I., by shooting him in the breast with a rifle or other firearm, and by cut- 
ting his throat with a bolo or other sharp instrument, thereby inflicting certain 
w^ounds by reason of which wounds the said Antonio Morales died on or about the 
10th day of January, 1900. This at the time and place above specified." 

Charge II. — "Robbery." 

Specification I. — "In that Manuel Bautista and Isidoro Ramires, Filipino residents 
of Bangar, province of la Union, Luzon, P. I., Maximo Roldan and Pedro Negranza, 
Filipinos, residents of Namacpacan, Luzon, P. L, did, with sundry other persons, 
armed with rifles and bolos, on or about the 10th day of January, 1900, then, as now, 
a time of insurrection, at Bangar, province of la Union, Luzon, P. I., then, as now, a 
place under the military occupation and government of the L'nited States, enter the 
house of Cipriano Gavino, presidente of said town of Bangar, and did violently and 
feloniously take therefrom and from and in the presence of the owner and inmates 
thereof, money, clothing, and other personal property. This at the times and places 
above specified." 

Specification 2. — " In that Manuel Bautista and Isidoro Ramires, Filipinos, residents 
of Bangar, province of la Union, Luzon, P. I., Maximo Roldan and Pedro Negranza, 
Filipinos, residents of Namacpacan, Luzon, P. I., did, with sundry other persons, on 
or about the 10th day of January, 1900, then, as now, a time of insurrection, at Ban- 
gar, province of la Union, Luzon, P. 1., then, as now, a place under the military 
occupation and government of the United States, enter the house of Pio Lopez, 
delegado de justicia of said town of Bangar, and did violently and feloniously take 
therefrom and from and in the presence of the owner and inmates thereof, money, 
clothing, and other personal property. This at the times and places above specified." 

Specifications. — "In that Manuel Bautista and Isidoro Ramires, Filipinos, resi- 
dents of Bangar, province of la Union, Luzon, P. I., Maximo Roldan and Pedro 



CHARGES OF CEUELTY, ETC., TO FILIPINOS. 43 

Negranza, Filipinos, residents of Namacpacan, Luzon, P. I., did, with sundry other 
persons, armed with rifles and bolos, on or about the 10th day of January, 1900, then, 
as now, a time of insurrection, at Bangar, province of la Union, Luzon, P. L, then, 
as now, a place under the military occupation and government of the United States, 
enter the house of Antonio Morales, a Filipino resident of said tOM-n of Bangar, and 
did violently and feloniously take therefrom and from and in the presence of the 
owner and inmates thereof, money, clothing, and other personal property. This at 
the times and places above specitied." 

Specification 4. — "In that Manuel Bautista and Isidoro Eamires, Filipinos, resi- 
dents of Bangar, province of la Union, Luzon, P. I., Maximo Roldan and Pedro 
Negranja, Filipinos, residents of Namacpacan, Luzon, P. I., did, with sundry other 
persons, armed with rifles and bolos, on or about the 10th day of January, 1900, then, 
as now, a time of insurrection at Bangar, province of la Union, Luzon, P. I., then, 
as now, a place under the military occupation and government of the United States, 
enter the presidencia of said town of Bangar, province of la L'nion, Luzon, P. L, 
and did violently and feloniously take therefrom and from its lawful custodians the 
box containing the public moneys of said town of Bangar with its contents, two hun- 
dred and seventy-flve pesos (275), more or less. This at the times and places above 
specified." 

Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- 
cation, first charge, ' ' not guilty ; " to the third specification, first charge, ' ' not guilty; ' ' 
to the fourth specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the first specification, second charge, "not guilty;" to the second speci- 
fication, second charge, "not guilty;" to the third specification, second charge, "not 
guilty;" to the fourth specification, second charge, "not guilty;" to the second 
charge, ' ' not guilty. ' ' 

And the commission finds the accused, Manuel Bautista, Isidoro Ramirez, and 
Maximo Roldan, and each of them: Of the first specification, first charge, "guilty;" 
of the second specification, first charge, "guilty;" of the third specification, first 
charge, "guilty;" of the fourth specification, first charge, "guilty;" of the first 
charge, "guilt5\" Of the first specification, second charge, "guilty;" of the second 
specification, second charge, "guilty;" of the third specification, second charge, 
"guiltv;" of the fourth specification, second charge, "guilty:" of the second charge, 
"guilty." 

Sentence. — And the commission does, therefore, sentence the accused, Manuel 
Bautista, Isidoro Ramires, and Maximo Roldan, and each of them, "to be hanged 
by the neck until they are dead, at such time and place as the reviewing authority 
may direct, two-thirds of the members concurring in this sentence." 

And the commission finds the accused, Pedro Xegranza, of the first, second, third, 
and fourth specifications, first charge, "guilty," except the words in each specifica- 
tion, "feloniously, willfully, and with malice aforethought, kill and murder," and 
substituting in each specification above mentioned the words "assist in murdering," 
of the excepted words in each of the said specifications "not guilty," and of the 
substituted words in each of the above-mentioned specifications, "guilty." Of the 
first charge, "guilty as accessory before and after the fact." Of the first specification, 
second charge, "guilty;" of the second specification, second charge, "guilty;" of 
the third specification, second charge, "guilty;" of the fourth specification, second 
charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does, therefore, sentence him, the accused, Pedro 
Negranza, "to be confined at hard labor, at such place as the reviewing authority 
may direct, for the period of twenty years." 

In the foregoing case of Manuel Bautista, Isidoro Ramires, Maximo Roldan, and 
Pedro Ney:ranza, natives, who were jointly tried, the evidence clearly establishes 
that on the night of January 10, 1900, a band of thirty or more outlaws and guerrilla 
marauders, armed with rifles and bolos, of which the accused ^Maximo Roldan was 
the captain, and in whose criminal acts of that night these other accused took part, 
descended upon the town of Bangar, province of La Union, Luzon, P. I., and forcibly 
seized and dragged from their homes Cipriano Gavino, Pio Lopez, and Antonio Mo- 
rales, at the same time robbing them and the members of their families of money, 
clothing, and other valuables; that shortly after the band departed with their pris- 
oners, shots were heard, and within twenty-four hours thereafter the dead bodies of 
Hilario Aquino, Cipriano Gavino, Pio Lopez, and Antonio Morales were found 
within a mile of the town with gunshot and knife wounds that must in each case 
have proven fatal. 

The evidence of the murder, as charged, by these accused of Cipriano Gavino, Pio 
Lopez, and Antonio Morales, though circumstantial and presumptive, is so cogent 
and convincing as to preclude a reasonable doubt of their guilt. 



44 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Except as to the finding of the dead body of Hilario Aquino, in company with the 
other murdered men, there is nothing in the record to connect these accused with 
his death, and the finding of the commission of the first specification of charge 1 is 
disapproved. 

The sentences, which were duly approved on August 1, 1900, by the Department 
Commander, are confirmed and will be executed, in the cases of Manuel Bautista, 
Isidoro Ramirez, and Maximo Roldan, on the twenty-third (23d) day of November, 
A. D. 1900, at the pueblo of Bangar, province of Union, Luzon, P. I., under the 
direction of the commanding general. Department of Northern Luzon, and in the case 
of Pedro Negranza, at the presidio de Manila, to which place he will be sent under 
proper guard. 

By command of Major-General MacArthur: 

S. D. Sturgis, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I. , October 22, 1900. 
General Orders, No. 100. 

Before a military commission which convened at Batangas, province of Batangas, 
Luzon, P. L, pursuant to paragraph 12, Special Orders, No. 95, Headquarters Depart- 
ment of Southern Luzon, July 16, 1900, and of which Col. George S. Anderson, Thirty- 
eighth Infantry, U. S. Volunteers, was president, and Capt. Beverly A. Read, adjutant. 
Thirty-eighth Infantry, U. S. Volunteers, was judge-advocate, were arraigned and 
tried : 

I. Gregorio de Castro, native. 

Charge. — " Murder, ' ' 

Specification 1.— "In that Gregorio de Castro, captain of Columnas Voluntes, while 
in company with and in command of certain native Filipinos, names unknown, did, 
without cause or provocation, feloniously and with malice aforethought murder and 
kill and aid and abet in the murdering and killing of Leung Sui, a Chinaman, by 
stabbing him and causing him to be stabbed with a dagger. 

"This in time of insurrection at Batangas, province of Batangas, P. I., a place under 
the military government of the L'nited States, on or about the 8th day of March, 1900." 

Specification 2 . — "In that Gregorio de Castro, captain of Columnas Voluntes, did, 
without cause or provocation, feloniously and with malice aforethought murder and 
kill Peter Cooper, private. Company C, Thirty-eighth Infantry, U. S. Volunteers, by 
stabbing him with a dagger and decapitating him. 

"This in time of insurrection at Batangas, province of Batangas, P. L, a place under 
the militarv government of the United States, on or about the 27th dav of March, 
1900." 

Specification 3. — "In that Gregorio de Castro, captain of Columnas Voluntes, did, 
without cause or provocation, feloniously and with malice aforethought murder and 
kill Mariano Rojas, native, by shooting him with a rifle. This in time of insurrection 
at Batangas, province of Batangas, P. I., a place under the military government of 
the L^nited States, on or about the 25th day of March 1900. 

Pleas. — To the first specification, "not guilty;" to the second specification, "not 
guilty;" to the third specification, "not guilty;" to the charge, "not guilty." 

Findings. — Of the first specification, "guilty;" of the second specification, "not 
guilty;" of the third specification, "guilty, inserting between the words 'kill' and 
'Mariano' the words 'and aid and abet in the murdering and killing of;'" of the 
charge, "guilty." 

Sentence. — And the commission sentences him, Gregorio de Castro, " to be confined 
at hard labor at such place as the reviewing authority may direct for twenty (20) 
years. ' ' 

In the foregoing case of Gregorio de Castro, native, the finding upon the first 
specification rests upon circumstantial evidence of a very doubtful nature. It appears 
that the murdered man met his death by assassination at the hands of Marcelo de 
Castro, but no proof exists further than that the assassin belonged to the band com- 
manded by the accused, that he had guilty knowledge of or was privy to the perpe- 
tration of the crime. That the court was influenced in its finding upon this specifi- 
cation by the nature of the commission under which the accused was serving may be 
inferred from the following translation thereof appearing of record : 

"Headquarters Military Zone of Batangas. 
"By virtue of the authority vested in me by the highest military authority of the 
province, I appoint Mr. Gregorio de Castro, a resident of Batangas, captain of a 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 45 

'flying' company, detailed exclusively to the secret extermination of the American 
cavalry and infaiitry. For this I ask and supplicate of all the authorities, both civil 
and niilitary, that he be recognized as such, and that they furnish the necessary 
forces in case he asks for aid. 

"Given in the barracks of the 'fiving forces,' Batangas, the 28th of February, 
1900. 

"(Signed) Crisaxto Borrual, Major. 
"Mr. Gregorio de Castro, 

''Flying Captain.^'' 

It may with justice be said that any man who will serve under as piratical a com- 
mission as that held by the accused is deserving of death at sight, not as a man, but 
as a monster in human shape. His paltry defense of holding the office of a secret 
assassin was that it was given in Spanish, and that he could not read that language. 
Still, guarded by the enlightened and just laws of the nation under which he has' 
been tried, the accused must be held not guilty of the first specification. Had he 
been tried for a violation of the laws of war for holding and conducting war under 
his commission of assassination, he would then have had prior notice of the nature 
of the defense he was called upon to make, and, if convicted, the fairness and just- 
ness thereof would not, as now, be open to question. The finding upon this specifi- 
cation is therefore disapproved. 

The evidence in support of the third specification is direct, unshaken, and conclu- 
sive, that the accused and one other man called their victim from his house and for 
the reason, as they declared it, that because he had that day been arrested by the 
American forces and released, he must therefore be an American spy, shot deceased 
with a rifle and thereby caused his almost instant death. 

The sentence which was approved by the department commander on September 
14, 1900, although deemed inadequate, is confirmed and will be duly executed at the 
presidio de Manila, to which place the prisoner will be sent under proper guard. 

II. Marcelo de Castro, native. 

Charge. — ' ' Murder. ' ' 

Specification. — "That Marcelo de Castro, native, did, in the pueblo of Batangas, 
Luzon, P. I., a place then, as now, under the military government of the United 
States, feloniously and with malice aforethought kill and murder and aid and abet 
in the killing and murdering of Leung Sui, Chinese, by stabbing the said Leung Sui 
with a dagger. This in time of insurrection, on or about March 8, 1900. 

Pleas. — To the specification, "not guilty;" to the charge, "not guilty." 

Findings. — Of the specification, "guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Marcelo de Castro, 
native, "To suffer death at such time and place and in such manner as the reviewing 
authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Marcelo de Castro, native, the evidence of the murder of 
the Chino Leung Sui in the market of Batangas is absolute and certain. An eye- 
witness, not more than 20 yards distant from the attack upon him, positively identi- 
fied on the trial the accused as having come up to the murdered man and then 
stabbed him with a dagger, inflicting a wound of which he died almost immediately. 
The motive for the murder is clearly shown by the evidence. 

The accused was a member and "teniente" of one of the bands of guerrilla maraud- 
ers infesting the country. The murdered man had been a prisoner in the hands of 
the insurgents and afterwards, up to the day of his death, had, in discovering their 
hiding places and in identifying various ones of their number, rendered open and 
valuable assistance to the Ignited States troops. 

The sentence, which was approved on the 3d day of August, 1900, by the com- 
manding general. Department of Southern Luzon, is confirmed and will be executed 
at Batangas, province of Batangas, Luzon, P. I., on the sixteenth (16th) day of 
November, A. D. 1900, by being hanged by the neck until he is dead, under the 
direction of the commanding general. Department of Southern Luzon. 

By command of Major-General MacArthur: 

S. D. Sturgis, 
Assistant Adjutant- General, 



Headquarters Division of the Philippines, 

Manila, P. L, October 23, 1900. 
General Orders, Xo. 101. 

Before a military commission which convened at Binalonan, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 63, Headquarters 



46 CHAKGES OF CRUELTY, ETC., TO FILIPIXOS. 

Department of Northern Luzon, June 25, 1900, and of which Maj. Joseph T\'. Duncan, 
Thirteenth U. S. Infantry, was president,, and First Lieut. Harvey W. Miller, Thir- 
teenth U. S. Infantry, was judge-advocate, were arraigned and tried Mariano Buen 
and Eoman Melindez, natives. 

Charge. — "Murder. ' ' 

Speclncation. — "In that Mariano Buen and Roman Melindez. natives, in company 
of, and consorting with, a band of natives armed with rifles, thirty, more or less, in 
nmnber, did wiUfully, feloniously, and with malice aforethought kill and murder 
Doroteo Bautista and Augustine Castillo, natives, by shooting the said Doroteo 
Bautista and Augustine Castillo ^Wth a rifle or rifles held by a member or members 
of said band, inflicting wounds whereof the said Doroteo Bautista and Augustine 
Castillo then and there died. This, at or near the pueblo of Pozorrubio, province of 
Pangasinan, Luzon, on or about December 19, 1899, in time of insurrection against 
.the lawful authority of the L'nited States, and in territory occupied by L'nited States 
forces. ' ' 

Pleas. — To the specification, '"not guilty:"' to the charge, "not guilty." 

Findings. — Of the specification, "guilty;"' of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Mariano Buen and 
Roman ^lelindez, natives, and each of them "to be confined at hard labor, at such 
place as the reviewing authority may direct, for the period of twenty (20) years." 

In the foregoing case of Mariano Buen and Roman Melindez, the evidence estab- 
lishes that an armed band of guerrilla marauders, under the leadership of one Benito 
Amansec. descended in the nighttime upon the pueblo of Pozorrubio, and, after 
surrounding their houses, forcibly dragged therefrom Doroteo Bautista and Augustine 
Castillo, together with three other native residents, and, after tying their prisoners, 
removed them a short distance where four, including Doroteo Bautista and Augustine 
Castillo, were shot to death, their dead bodies being recovered on the following 
morning. Both of these accused are positively identified by the wife of one of the 
murdered men as two of four men who entered her house and dragged therefrom her 
husband, and Mariano Buen is further identified as among the band by one of the 
five natives kidnaped by it and whose life was spared. 

The unlawful kidnaping of the murdered men by these accused and the departure 
of the band with them as prisoners toward the place from which shots were shortly 
afterwards heard, and where the bodies of the murdered men were found the next 
morning, are established beyond a reasonable doubt. These accused were repre- 
sented by counsel and offered no testimony to rebut their positive identification as 
members of the band, except that one witness attempted to establish an alibi for 
Roman ^Melindez, which was so vague and general in its nature as to be valueless 
against the convincing evidence to which it is opposed. The established facts in 
this case preclude a reasonable doubt of the murder by these acciLsed of Doroteo 
Bautista and Augustine Castillo, and of their guilt in the manner and form as charged. 

The sentences which were approved by the department commander on August 10, 
1900, are confirmed and will be duly executed at the Presidio de Manila, to which 
place the prisoners will be sent under proper guard. 

By command of Major-General MacArthur: 

S. D. Stuegis, 
Assistant Adjutant- General. 



Headquartees Division of the Philippines, 

Manila, P. I.. October £3, 1900. 
General Orders No. 102. 

Before a military commission which convened at Capiz, Panay, P. I. , pursuant to 
paragraph 2, Special Orders, Xo. 72, Headquarters Department of the Visavas, June 
30, 1900, and of which Capt. Thomas ^\. Griffith, Eighteenth Y. S. Infantry, was 
president, and Capt. Da\-id C. Shanks, Eighteenth L". S. Infantry, was judge-advo- 
cate, was arraigned and tried Francisco Acrisosto, native. 

Charge. — "Murder." 

Specification. — "In that on the 11th day of March, A. D. 1900. then as now a time 
of insurrection, in the barrio of Lanaan, pueblo of Panay, province of Capiz, in the 
Philippine Islands, the said place being then as now occupied by the military forces 
and under the military government of the United States, one Francisco Acrisosto, a 
native, did, on the day and at the place aforesaid, willfull v and feloniously and with 
malice aforethought, there and then assault, murder, and kill one Restituto Alindug, 
a native, by there and then striking and cutting the said Restituto Alindug ^-ith a 
sharp instrument, commonly called a bolo, then and there and in the manner afore- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 47 

said inflicting on the said Restituto Alindug an incised wound in the right pectoral 
region about eight centimeters in length, from the effects of which said wounds, so 
inflicted as aforesaid, the said Restituto Alindug died on the 23d day of March, 
A. D. 1900, at the place aforementioned. 
Pleas. — To the speciflcation, ''not guilty;" to the charge, "not guilty." 
Findings. — Of the specification, "guilty;" of the charge, "guilty." 
Sentence. — And the commission does therefore sentence him, Francisco Acri- 
sosto, "To be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members of the commission 
concurring therein." 

In the foregoing case of Francisco Acrisosto, native, the sentence which was 
approved by the department commander on September 4, 1900, is confirmed, but in 
view of mitigating circumstances appearing of record, it is reduced to confinement 
at hard labor for the period of his natural life. As thus mitigated the sentence will 
be duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General MacArthur: 

S. D. Stukgis, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I. , October 23, 1900. 
General Orders, No. 103. 

Before a military commission which convened at Binalonan, province of Panga- 
sinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters 
Department of Northern Luzon, ]May 31, 1900, and of which Capt. Frederick S. Wild, 
Thirteenth L^. S. Infantry, was president, and Capt. iVrthur Johnson, adjutant. Thir- 
teenth U. S. Infantry, was judge-advocate, were arraigned and tried: Agipito Men- 
doza, Apolonario Lantano, and Apolonio Garcia, natives. 

Charge I. — " Forcible abduction." 

Specification. — "In that they, Agipito Mendoza, Apolonario Lantano, and Apolonio 
Garcia, natives and residents of the province of Pangasinan, Luzon, P. L, on or 
about March 2, 1900, then, as now, a time of insurrection, at or near the barrio of 
Tolong, Urdaneta, province of Pangasinan, island of Luzon, P. L, a place then, as 
now, under the military authority of the United States, in company of, and consort- 
ing with a band of outlaws armed with guns and bolos, the said band consisting of 
Juan Siquig, Feleciano Cortes, Alberto jNIarana, Ambrosio Zuelacio, Catalino Untalan, 
Melicio Gayiton, and others, number and names unknown, did forcibly seize, bind, 
and carry away the following persons, to wit: Lorenza Soriano, Gelasio Jacobe, 
Arcaclio Jacobe, Tasinto Echavarre, and Felipe Bacungan. This at the time and 
place above specified." 

Charge II.— "Murder." 

Specification. — "In that they, said Agipito Mendoza, Apolonario Lantano, and 
Apolonio Garcia, natives and residents of the province of Pangasinan, island of 
Luzon, P. I., on or about March 2, 1900, a time then, as now, of insurrection, at or 
near the barrio of Tolong, Urdaneta, province of Pangasinan, Luzon, P. I., a place 
then, as now, under the military authority of the United States, in company of, 
and consorting with a band of men armed with rifles and bolos, to wit, Melicio 
Gayiton, Feleciano Cortes, Ambrosio Zuelacio, Juan Siquig, Alberto Marana, and 
Catalino- L'ntalan, and others, names and number unknown, did willfully, feloniously, 
and with malice aforethought kill and murder Lorenza Soriano, Gelasio Jacobe, 
Arcadio Jacobe, Tasinto Echavarre, and Felipe Bacungan, by inflicting wounds, 
natures of instruments of death unknown, from which they, the said Lorenza Soriano, 
Gelacio Jacobe, Arcadio Jacobe, Tasinto Echavarre, and JFelipe Bacungan, then and 
there, or shortly afterwards, died. This at the time and place above specified." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the specification, second charge, "not guilty;" to the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" 
of the specification, second charge, "guilty, except the words Arcadio Jacobe, Tasinto 
Echavarre, Felipe Bacungan, whenever said words occur; of the excepted words not 
guilty;" of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Agipito Mendoza, 
Apolonario Lantana, and Apolonio Garcia, and each of them, "To be hung by the 
neck until they are dead, at such time and place as the reviewing authority may 
direct, two-thirds of the members of the commission concurring therein." 



48 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

In tlie foivgoiiio; case of A^iipito IMendoza, Apolonario Laiitano, and Apolonio 
Garcia, nativet^, who were jointly tried, the evidence conchisively shows that a band 
of outlaws, anned with rifles, talibones, and bolos, forcibly seized and carried away 
from their homes on or about March 2, 1900, Lorenza Soriano, GelasioJacobe, Arcadio 
Jacobe, Tasinto Echavarre, and Felipe Baeungan; that these accused were members 
of the band and ])articipated in its criminal acts, the accused Agipito Mendoza being 
in connnand; tliat no trace has since been had of Arcadio Jacobe, Tasinto Echavarre, 
or Feli])e Bacungan, but that the dead bodies of Lorenza Soriano and Gelasio Jacobe, 
mutilati'd with wounds that nmst in each case have resulted in death, were some 
three weeks later recovered in a well in the neighborhood, the identification being 
complete by reason of the clothing and articles found upon tlieir bodies. 

Of these accused, all of whom were represented by counsel, Agipito Mendoza and 
Apolonario Lantano attempted to prove an alibi, but failed to shake thereby the 
direct, positive testimony of the numerous e^'ewitnesses to the kidnapping. The 
accused Apolonio CJarcia attempted no defense. 

The evidence connecting these accused with the nuirder of Lorenza Soriano and 
Gelasio Jacobe is presumptive, but establishing, as it does, their participation in the 
forcible and criminal seizing and carrying away of these persons in their lifetime, 
who are not again seen or heard of by anyone outside of this ])and until their dead 
bodies were discovered in a well, covered with wounds, prove beyond a reasonable 
doubt that they are guilty of the murder of this man and woman in the manner as 
charged. 

The sentences, which were approved by the department commander on July 26, 
1900, are confirmed, and will be executed at the pueblo of Urdaneta, province of 
Pangasinan, Luzon, P. L, on the 23d day of November, A. D. 1900, under the direc- 
tion of the commanding general. Department of Northern Luzon. 

By command of Major-General MacArthur: 

S. D. Sturgis, 
A sdstaM A djuia nt- General. 



Headquarters Division of the Philippines 

Manila, P. L, October 24, 1900. 
General Orders, No. 104. 

Before a military commission which convened at Capiz, Panay, P. I., pursuant to 
paragraph 2, Special Orders, No. 72, Headquarters Department of the Visavas, June 
30, 1900, and of Avhich Capt. Thomas W. (Trittith, Eighteenth U. S. Infantry, was 
president, and Capt. David C. Shanks, Eighteenth U. S. Infantry, w^as judge-advo- 
cate, were arraigned and tried: 

Severo Entialbo, Priino Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco 
Estiqueta, natives. 

Charge I. — "Accomplices and accessories before the fact in the crime of murder." 

Specification. — "In that on or about the 14th day of August, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of Matagnop, pueblo of Dao, 
island of Pana, Philippine Islands, a place then, as now, under the military gov- 
ernment of the United States, Severo Entialbo, Primo Tibis, Tomas Entialbo, Pedro 
Entialbo, and Francisco Estiqueta, all Filipino natives, as accomplices and accessories 
before the fact, in company of, and consorting with, a band of four other armed 
natives, to wit: Salvador Martesano, Angel Entialbo, Carlos Pareno, and Sotero 
Magbanua, as principals, did, all and each of them, feloniously and with evil intent, 
aid anid abet the said principals, Salvador Martesano, Angel Entialbo, Carlos Pareno, 
and Sotero Magbanua, Filipino natives, in forcibly taking from her home, in or near 
the said barrio of Matagnop, a native woman, one Martina Pincao by name, and in 
binding the arms of the said Martina Pincao, and in compelling her, by threats or 
by force, to accompany them, the said principals, Salvador Martesano, Angel Entialbo, 
Carlos Pareno, and Sotero ]\Iagbanua, to the banks of the Panay River: and further, 
that the said Severo Entialbo, Primo Tibis, Tomas Entialbo, Pedro Entialbo, and 
Francisco Estiqueta, Filipino natives, as accomplices and accessories before the fact, 
did, all and each of them, feloniously and with evil intent, aid and abet the afore- 
said Salvador ^lartesano. Angel Entialbo, Carlos Pareno, and Sotero IMagbanua, 
Filipino natives, as principals, in feloniously, willfully, and with malice aforethought 
killing and nuirdering the said ]\Iartina Pincao by throwing her body into the said 
Panay River while her arms were bound as aforesaid, thereby then and there causing 
the death of the said Martina Pincao by drowning. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 49 

Charge II. — *' Accomplices and accessories before the fact in the crime of an.sault 
with intent to kill." 

Specification. — "In that on or about the 14th day of August, A. D. 1900, then, as now, 
a time of insurrection, at or near the barrio of Matagnop, pueblo of Dao, island 
of Panay, Philippine Islands, a place then, as now, under the military government 
of the United States, Severo Kutiallx), Primo Tibis, Tonuis Entialbo, Pedro Entialbo, 
and Francisco Estiqueta, Filipino natives, as ac^complices and accessories before the 
fact, in company of, and consorting with, a band of four other armed Filipino 
natives, to wit: Salvador Martesano, Angel Entialbo, Carlos Pareno, and Sotero Mag- 
banua, as principals, did, all and each of them, feloniously and with evil intent, aid 
and abet the said princij)als, Salvador Martesano, Angel Entialbo, Carlos Pareno, and 
Sotero Magbanua, Filipino natives, in fehmiously and forcibly taking from his home, in 
or near the said barrio of Matagnop, a native, one Victor Pere by name, and in binding 
the arms of the said Victor Pere, and compelling him, by force or by threats, to accom- 
pany them, the said principals, Salvador Martesano, Angel Entialbo, Carlos Pareno, 
and Sotero Magbanua, to the banks of the Panay River, for the purpose, then and there, 
of feloniously, willfully and with malice aforethought, killing and nmrdering the 
said Victor Pere, from which fate the said Victor Pere was able to escape only by 
jumping into the said Panay River, while his arms were still bound, thus escaping to 
the opposite bank." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the specification, second charge, "not guilty;" to the second charge, 
"not guilty." 

Findings. — In the case of Severo Entialbo: Of the specification, first charge, 
"guilty, except the words found on lines 2, 3, 4, and 5 of page 3 of these proceed- 
ings, 'Primo Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco Estiqueta, Fili- 
pino natives, as accomplices and accessories before the fact, did, all and each of 
them,' substituting therefor the words, 'a Filipino native, as an accomplice and 
accessory before the fact, did;' of the substituted words, guilty, and of the excepted 
words, not guilty;" of the first charge, "guilty;" of the specification, second 
charge, "guilty;" of the second charge, "guilty." 

In the cases of Primo Tibis, Tomas Entialbo, Pedro Entialbo, and Francisco Esti- 
queta: Of the specification, first charge, "guilty so far as to include the words, 'and 
in binding the arms of the said Martina Pincao,' and of the remaining words of the 
specification, not guilty;" of the first charge, "not guilty, but guilty of assault with 
intent to do bodily harm;" of the specification, second charge, "guilty so far as to 
include the words, 'and in binding the arms of the said Victor Pere,' and of the 
remaining words of the specification not guilty;" of the second charge, "not 
guilty, but guilty of assault with intent to do bodily harm." 

Sentence. — And the commission does therefore sentence him, Severo Entialbo, a 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may designate, two-thirds of the members concurring therein." 

And the commission does therefore senten(;e them, Primo Tibis, Tomas Entialbo, 
Pedro Entialbo, and Francisco Estiqueta, Filipino natives, all and each of them, "to 
be confined at hard labor, at such place as the reviewing authority may designate, 
for the period of four (4) years." 

II. Sotero Magbanua, native. 

CiiAKGE I.— "Murder." 

Spccificdtion. — "In that on or about the 14th day of August, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of jMatagnop, pueblo of Dao, island 
of Panay, Philii)})ine Islands, a place then, as now, under the military government of 
the United States, one Sotero Magbanua, a native, in company of and consorting 
with a band of armed natives, to the number of eight, more or less, did forcibly take 
from her home, in or near the said barrio of INIatagnop, a native woman, INIartina 
Pincao by name, and, in company with a mend)er or members of said l)and, did bind 
the arms of the said Martina Pincao, and by threats or by force did comi)el the said 
Martina Pinc^ao to accompany the said band of natives to the banks of the Panay 
River, distant from her home some 200 yards, more or less; that while on the bank's 
of the river the aforesaid Sotero Magbanua, or other member or members of the said 
band of natives, did feloniously, willfully, and with malice aforethought, inflict on the 
right side of the body, below the right arm of the said Martina Pincao, a cut with a 
bolo, or other sharp instrument, held in the hands of the said Sotero IVIagbanua, or 
in the hands of a member or members of the aforesaid band, with whom he was con- 
sorting; that while the arms of the said Martina I'incao were still bound, an(l after 
she had been wounded in the nuinncr aforesaid, the said Sotero ^lagbanua, or otiier 
member or meml)ers of the band with whom he was consorting,(li(l feloniously 

S. Doc. 205, pt 2 4 



50 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

willfully, and with malice aforethought, kill and munler the said Martina Pineao by 
throwing her body into the Panay River, therel^y then and there causing the death 
of the said INIartina Pineao by drowning." 

Charge II.— "Assault with intent to kill." 

Spcc{ficatiou. — "In that on or about the 14th day of August, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of 3Iatagnop, pueblo of Dao, island 
of Panay, Philippine Islands, a place then, as now, under the military government 
of the United States, one Sotero Magbanua, a native, in company of and consorting 
with a band of armed natives, to the number of eight, more or less, did forcibly take from 
his home, in or near the said barrio of ^latagnop, a native, one Victor Pere by name, 
and, in company with a member or members of said band, did bind the arms of the said 
Victor Pere, and, by threats or by force, did compel the said Victor Pere to accom- 
pany the said band to the banks of the Panay River for the purpose of feloniously, 
willfully, and with malice aforethought, then and there killing and murdering the 
said Victor Pere, from which fate the said Victor Pere escaped only by jumping into 
the said river while his arms were still bomid, thus escaping to the opposite shore." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guiltv;" to the specification, second charge, "notguiltv;" to the second charge "not 
guilty." 

Findings. — Of the specification, first charge, "guilty;" of the first charge "guilty;" 
of the specification, second charge, "guilty;" of the second charge, "guilty." 

Sentence, — And the commission does therefore sentence him, Sotero Magbanua, a 
native, " To be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing cases of Severo Entialbo (who was jointly tried with Primo Tibis, 
Tomas Entialbo, Pedro Entialbo, Francisco Estiqueta) and Sotero Magbanua. natives, 
it appears from the records that a number of neighbors had assembled in the evening at 
the house of one Salvador to condole with him on the death by drowning of his "little 
boy. ' ' That at the suggestion of Salvador seven or eight men left his house and accom- 
panied him to the house of Victor Pere, where, with the active assistance of these 
accused and two others of the party, Victor Pere and his wife INIartina Pineao were 
taken by force, their arms bound behmd them, and, with the threat that "the last 
day" of their "lives had come," were conducted to the Panay River, where the 
woman, first being struck by one of her assailants with a bolo, was thrust into the 
stream, from which her dead body, with pinioned arms and l^earing the bolo wound, 
was recovered a few days later. The husl)aiid of the deceased, witnessing her murder 
and anticipating his own, sprang into the river and, notwithstanding his arms were 
tied, succeeded in swimming to the opposite shore. From his testimony, supported 
by other eyewitnesses, the facts attending the taking of the life of a helpless and 
unoffending woman, and the active part these accused took therein, as related, are 
proven beyond any reasonable doubt. The witnesses all agree that the motive for 
the crime was a superstitious belief that the murdered woman was a witch; the plain 
inference being that her ignorant assailants attributed to her the possession of occult 
powers whereby she had, in some mysterious way, brought to pass the death of Sal- 
vador's child. 

The sentences, which were approved by the department commander, in the case 
of Sotero Magbanua on October 7, 1900, and in the case of Severo Entialbo on Octo- 
ber 14, 1900, are confirmed; but upon his recommendation, based upon the exceed- 
ingly low order of. intelligence, and, it may be added, blind superstition of these 
accused, the sentence in each case is mitigated to confinement at hard labor for the 
period of twenty years. As mitigated, the sentences will he duly executed at the 
Presidio de Manila to which place the prisoners will be sent under proper guard. 

In the foregoing cases of Primo Tibis, Tomas Entialbo, Pedro, Entialbo, and Fran- 
cisco Estiqueta, natives (jointly tried with Severo Entialbo). the sentences which 
were confirmed in each case by the department commander on the 14th day of 
October, 1900, will be duly executed at the Presidio de Manila, to which place the 
prisoners will be sent under proper guard. 

By command of Major-General Mac Arthur: 

S. D. SturctIS, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, Xovember 5, 1900. 
General Orders, No. 110. 

Before a military commission which convened at Lingayen, province of Panga- 
sinan, Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 110, headquarters 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 51 

Department of Northern Luzon, August 15, 1900, and of which Maj. WiUiam H. 
Bishop, 36tli Infantry, U. S. Volunteers, was president, and Capt. Warren H. Ickis, 
36th Infantry, U. S. Vohmteers, was judge -advocate, was arraigned and tried Luis 
Ordona, ahas Catubig, a native. 

Charge L— "Robbery." 

Specification 1. — "In that Luis Ordona, aUas Catubig, native, on or about June the 
1st, 1899, a time of insurrection .then, as now, against the lawful authority of the 
United States, in the pueblo of Aguilar, province of Pangasinan, P. I,, a place then, 
as now, in the theater of active military operations, in company of and consorting 
with a band of armed outlaws to the number of twenty, more or less, commanded 
and led by the said Ordona, did feloniously and forcibly take from the presence of 
Seiiora Maria Arenas, native, a quantity of clothing and jewelry, value not known, 
the property of the said Maria Arenas. This at the times and places above 
specified." 

Specification 2. — "In that Luis Ordona, alias Catubig, native, on or about Novem- 
ber 19, 1899, a time of insurrection then, as now, against the lawful authority of the 
L^nited States, at or near the barrio of Abanum, pueblo of San Carlos, province of 
Pangasinan, P. I., a place then, as now, in the theater of active military operations, 
in company of and consorting with a band of armed outlaws to the number of 
twenty, more or less, connnanded and led by the said Ordona, did feloniously and 
forcibly take from the presence of Senora Antonina Garcia, native, a quantity of 
money, jewelry, and other valuables, value unknown, the property of the said Anto- 
nina Garcia. This at the times and places above specified." 

Charge II. — "Murder." 

Specification 1. — "In that Luis Ordona, alias Catubig, native, on or about June 1, 
1899, a time of insurrection then, as now, against the lawful authority of the Ignited 
States, at or near the pueblo of xVguilar, province of Pangasinan, P. I., a place then, 
as now, in the theater of active military operations, in company of and consorting 
with a band of armed outlaws to the number of twenty, more or less, commanded 
and led by the said Ordona, did feloniously and with malice aforethought kill and 
murder one Gregorio Arenas, native, by stabbing and cutting him, the said Arenas, 
with a bolo held in the hands of the said Ordona, inflicting wounds therewith whereof 
he, the said Arenas, then and there died. This at the times and places above 
specified." 

Sj^ecification 2. — "In that Luis Ordona, alias Catubig, native, on or about Novem- 
ber 19, 1899, a time of insurrection then, as now, against the lawful authority of the 
I'nited States, at the barrio of Al^anum, pueblo of San Carlos, province of Panga- 
sinan, P. I., a place then, as now, in the theater of active military operations, in 
company of and consorting with a band of armed outlaws to the number of twenty, 
more or less, commanded and led by the said Ordona, did willfully, feloniously, and 
with malice aforethought kill and murder one Juan Rosario by shooting him, the 
said Juan Rosario, with a gun, and stabbing him, the said Juan Rosario, with a bolo 
held in the hands of the said Ordona, and by cutting off the head of the said Rosario 
by the said Ordona, and throwing same into the river, inflicting wounds therewith 
whereof he, the said Rosario, then and there died. This at the times and places 
above specified." 

Pleas. — To the first specification, first charge, " not guilty;" to the second specifi- 
cation, first charge, "not guilty;" to the first charge, "not guilty:" to the first speci- 
fication, second charge, "not guilty;" to the second specification, second charge, 
"not guilty;" to the second charge, "not guilty." 

Findings. — Of the first specification, first charge, "guilty, except the words, 'com- 
manded and led by the said Ordona,' and, of the excepted words, "not guilty;" of 
the second specification, first charge, "guilty, except the words, 'commanded and 
led by the said Ordona,' and, of the excepted" words, not guilty;" of the first charge, 
"guilty;" of the first specification, second charge, "guilty, except the words, 'com- 
manded and led by the said Ordona,' and the words 'the said Ordona.' substituting 
for said last-mentioned words 'a member or members of said band,' of the excepted 
^yords, not guilty, and, of the substituted words, guilty;" of the second specifica- 
tion, second charge, " guilty, except the words, ' commanded and led by the said 
Ordona,' and of the words 'by shooting him, the said Rosario, with a gun and,' and 
of the excepted words, not guilty;" of the second charge, " guilty." 

Sentence. — And the commission does therefore sentence him,' Luis Ordona, alias 
Catubig, native, "to Ije hanged by the neck until he is dead, at such time and place 
as the reviewing authority may direct, two-thirds of the members concurring 
therein." 

In the foregoing case of Luis Ordona, alias Catubig, native, several ]iolicemen and 
other eye-witnesses agree in their testimony that an armed body of men, about 9 o'clock 
at night, entered the official residence of Gregorio Arenas, who was at the time presi- 



52 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

dente of Aguilar, and placing all the other inmates under fear of death and removing 
them from the room in which said Arenas was held captive, then with bolos in their 
hands killed the said Arenas and by decapitation mutilated his body. The evidence 
is conclusive that the accused took an active and leading part in this bloody deed, 
and that in this and in the murder of Juan Rosario he and the band of outlaws and 
murderers with whom he consorted were actuated chiefly, if not solely, by a desire 
to rob the unoffending but reputedly rich men whose lives they took in each case by 
the savage and barbarous method of decapitation. 

The sentence which was approved by the department commander on September 
12, 1900, is confirmed and will be duly executed at the pueblo of Lingayen, province 
of Pangasinan, on the 7th day of December, A. D. 1900, under the direction of the 
connnanding general. Department of Northern Luzon. 

By command of Major-General MacArthur: 

S. D. Sturgis, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., November 6, 1900. 
General Orders, No. 111. 

Before a military commission Avhich convened at Capiz, Panay, P. I., pursuant to 
paragraph 11, Special Orders, No. 72, Headquarters Department of the Visayas, 
June 30, 1900, and of which Capt. Thomas W. Griffith, Eighteenth U. S. Infantry, 
was president, and Capt. David C. Shanks, Eighteenth U. S. Infantry, was judge- 
advocate, was arraigned and tried: Pedro Lachica, a native. 

Charge I. — "Robbery." 

Specification. — "In that on or about the 7th day of July, A. D. 1900, then, as 
now, a time of insurrection, at, or near, the barrio of Sigboguan, pueblo of Capiz, 
island of Panay, Philippine Islands, a place then, as now, under the military govern- 
ment of the United States, one Pedro Lachica, a Filipino native, in company of, and 
consorting with, a band of armed robbers, to the number of eleven, more or less, 
did feloniously and forcibly take, steal, and carry away fifty pesos (|50), more or 
less, in Mexican currency, and clothes and jewelry of the value of two hundred 
pesos ($200), more or less, Mexican currency, the property of Bias Belono, Cipriana 
Arsiga, and Paulina Belono." 

Charge II. — "Murder." 

Specification. — "In that on or about the 7th day of July, A. D. 1900, then, as 
now, a time of insurrection, at, or near, the barrio or Dinginan, of the pueblo of 
Capiz, island of Panay, Philippine Islands, a place then, as now, under the military 
government of the United States, one Pedro Lachica, a Filipino native, in company 
of, and consorting with, a band of armed robbers, to the number of eleven, more or 
less, did feloniously, willfully, and with malice aforethought, kill and murder one 
Bias Belono, a Filipino native, by striking him a blow upon the neck with a bolo 
held in the hands of the said Pedro Lachica, or in the hands of other member or 
members of the said band with which he was consorting, from which said blow the 
said Bias Belofio then and there died." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the specification, second charge, "not guilty;" to the second charge, 
" not guilty." 

Findings. — Of the specification, first charge, "guilty;" of the first charge, 
"guiltv;" of the si:)ecification, second charge, "guilty;" of the second charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Pedro Lachica, a 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may designate, two-thirds of the members concurring therein." 

In the foregoing case of Pedro Lachica, native, the accused admitted before the 
commission trying him he was one of a band of eleven men who, representing 
themselves to be policemen from Capiz, entered at nighttime several houses in a 
barrio of that pueblo, and, by threats and by filling of a rifle, forced the inmates to 
come out, tied the arms of the men behind their backs, beat them with bolos, robbed 
the houses of money, jewelry, and other valuables, and then departed taking their 
plunder and the men they had maltreated with them. After reaching the foothills 
of the mountains the band permitted all their captives to return except Bias Belono. 
A little later, the same night, the dead body of Belono was found, exhibiting fatal 
bolo wounds upon the head and about the neck and throat. 

The death of the deceased, in the manner set forth, following so swiftly upon the 
time when it was known he was in the power of this band of ladrones, so intimately 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 53 

connects each and every member of said band with this crime that the criminal 
responsibihty of this accused therein is proven beyond all reasonable doubt. 

The sentence, which was approved by the department commander on October 13, 
1900, is confirmed, but, upon his recommendation, is mitigated to confinement at 
hard labor for the period of fifteen (15) years, and, as thus mitigated, will be duly 
executed at the preside de Manila, to which place the prisoner will be sent under 
proper guard. 

By- command of ^Major-General MacArthur: 

, S. D. Sturgis, 

Assistant Adjutant- General. 



Headquaeters Division of the Philippines, 

Manila, F. I., Xomnher 7, 1900. 
General Orders. Xo. 112. 

Before a military commission which convened at Binalonan, province of Pan- 
gasinan, Luzon. P. I., pursuant to paragraph 4. Special Orders, Xo. 63, Headquarters 
Department of Xorthern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, 
Thirteenth L. S. Infantry, was president, and First Lieut. Harvey W. Miller, Thir- 
teenth L'. S. Infantry, was judge-advocate, was arraigned and tried Vicente Vil- 
laneuva, a native. 

Charge I. — " Disturbing the peace." 

Specification. — "In that he, Vicente Villaneuva, a native and resident of pueblo of 
L'rbaneta, province of Pangasinan, island of Luzon, P. I., did, on or about the 13th 
day of January, 1900, join and band himself with one Mariano Ari, and other natives, 
names and number unknown, and armed with a revolver and a sharp instrument, 
commonly called a bolo, did disturb the peace of the pueblo by entering the house 
of Tranquilino Castafieda, a native, and resident of Urdaneta, province of Pangasinan, 
island of Luzon, P. I., and by putting the said Castaheda in fear of his life by point- 
ing his revolver at him, the said Castaneda, and threatening to kill him. This 
between 9 and 10 o'clock p. m. at the date and place specified, in time of insurrec- 
tion against the authority of the L^nited States and in territory occux^ied by Ignited 
States forces. " 

Charge II.— "Murder." 

Specification. — In that he, Vicente Villaneuva, a native and a resident of the 
pueblo of Urdaneta, province of Pangasinan. island of Luzon, P. I., in company of, 
and consorting with, a l^and of armed natives, twenty more or less, did, on or about 
the 13th day of January, 1900, then, as now, a time of insurrection against the 
L'nited States and in territory occupied by the United States forces, at Urdaneta, 
province of Pangasinan, island of Luzon, P. L, then, as now, a place under the 
military authority of the United States, feloniously, willfully, and with malice afore- 
thought, kill and murder one Isidro Organo, a native, and resident of Urdaneta, 
province of Pangasinan, island of Luzon, P. I., by shooting him, the said Organo, 
through the body, inflicting a wound from which the said Organo died immediately 
or very soon thereafter. This between 9 and 10 o'clock p. m. at the date and place 
above specified." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guiltv;" to the specification, second charge, "not guiltv;" to the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty;" of the first charge, 
"guiltv;" of the specification, second charge, "guiltv;" of the second charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Vicente Villaneuva, 
native, "To be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Vicente Villaneuva, native, it appears of record that the 
accused was one of an armed band of outlaws that during the same night ni^de two 
attempts to secure by force the person of one Tranquilino Castaneda, a fellow towns- 
man of the accused, and that in the persistent endeavor to accomplish this felonious 
purpose, the men of the band fired upon peaceful citizens who through fear were 
fleeing from their presence, wounding one and killing Isidro Organo outright. 

Having come t')gether for a felonious purpose, each and every mem tier of this band 
who was present is in law responsible for the acts of the man who fired the fatal shot; 
and because of the greater power for evil numbers s<^ unlawfully l)anded ti^gether 
possess and by whifh they encourage and incite each other to commit their felonious 
purposes, they each and all the more richly deserve the penalty of death which the 



54 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

law imposes. Beyond this joint responsibility, however, the accused took a leading 
part in this murder and was seen to aim and fire his rifle at the fleeing men. 

The sentence, which was approved by the department commander on the 12th day 

of September, 1900, is confirmed and will be duly executed at the pueblo of L^rdaneta, 

in the province of Pangasinan, island of Luzon, on the 23d day of November, A. D. 

1900, under the direction of the commanding general, Department of Northern Luzon. 

By command of Major-General MacArthur: 

S. D. Stuegis,- 
Assistant Adjutant- General. 



Headquaeters Division of the Philippines, 

31a}ula, P. L, Xorember 9, 1900. 
General Orders, No. 114. 

Before a military commission which convened at Capiz, Island of Panay, P. I., 
pursuant to paragraph II, Special Orders, No. 72, Headquarters Department of the 
Yisayas, June 30, 1900, and of which Capt. Thomas W. Griffith, Eighteenth U. S. 
Infantry, was president, and Capt. David C. Shanks, Eighteenth U. S. Infantry, was 
judge-advocate, was arraigned and tried Eomano Cortame, a native. 

Charge. — " Murder. ' ' 

Specification 1. — "That on the 9th day of May, A. D. 1900, then, as now, a time of 
insurrection, at the Pueblo of Capiz, in the Province of Capiz, on the island of Panay, 
of the Philippine Islands, a place then, as now, under the military occupation and 
government of the United States, one Romano Cortame, a Filipino and a resident of 
said Province of Capiz, did feloniously, willfully, and with malice aforethought mur- 
der and kill one Francisco Palma, a Spaniard and resident of said Pueblo of Capiz, by 
then and there cutting and stabbing the said Francisco Palma with a knife, held in 
the hands of said Romano Cortame, then and there inflicting upon the said Francisco 
Palma divers cuts and wounds, by reason of w^hich said wounds the said Francisco 
Palma died on the 10th day of May, 1900, at the said Pueblo of Capiz." 

Specification 2. — "That on the 9th day of May, A. D. 1900, then, as now, a time of 
insurrection, at the Pueblo of Capiz, in the Province of Capiz, on the island of Panay, 
of the Philippine Islands, a place then, as now, under the military occupation and 
government of the United States, one Romano Cortame, a Filipino and resident of 
said Province of Capiz, did feloniously, willfully, and with malice aforethought, mur- 
der and kill one Francisco Cacho, a Spaniard and resident of said Pueblo of Capiz, by 
then and there cutting and stabbing the said Francisco Cacho with a knife held in 
the hand of said Romano Cortame, then and there inflicting upon the said Francisco 
Cacho divers cuts and wounds, by reason of which cuts and w^ounds the said 
Francisco Cacho then and there died." 

Specfication 3. — "That on the 9th day of May, A. D. 1900, then, as now, a time of 
insurrection, at the Pueblo of Capiz, in the Province of Capiz, on the island of Panay, 
of the Philippine Islands, a place then, as now, under the military occupation and 
government of the United States, one Romano Cortame, a Filipino and resident of 
said Province of Capiz, did feloniously, willfully, and with malice aforethought mur- 
der and kill one Balbino Abadia, a native and resident of said Pueblo of Capiz, by 
then and there cutting and stabbing the said Balbino Abadia with a knife held in the 
hand of said Romano Cortame, then and there inflicting upon the said Balbino Abadia 
divers cuts and wounds, by reason of which cuts and w^ounds the said Balbino Abadia 
then and there died." 

Additional charge and specification: 

Charge. — "Assault w^ith intent to kill." 

Specification. — " In that on the 9th day of May. A. D. 1900, then, as now, a time of 
insurrection, at the Pueblo of Capiz, Province of Capiz, island of Panay, of the 
Philippine Islands, a place then, as now, under the military government of the L^nited 
States, one Romano Cortame, a native and resident of the said Pueblo of Capiz, did 
make a violent assault upon one Atilano Victoria, a native and resident of said 
Pueblo'of Capiz, by then and there striking and cutting said Atilano Victoria with a 
knife held in the hand of the said Romano Cortame, then and there inflicting upon 
said Atilano Victoria divers cuts and wounds, with intent, then and there, feloniously, 
willfully, and with malice aforethought, to kill said Atilano Victoria. 

Pleas. — To the first specification, "not guilty;" to the second specification, "not 
guilty;" to the third specification, "not guilty;" to the charge, "not guilty;" to 
the specification, additional charge, "not guilty;" to the additional charge, "not 
guilty." 

Findings. — Of the first specification, "guilty;" of the second specification, 
"guilty;" of the third specification, "guilty;" of 'the charge, "guilty;" of the spec- 
ification, additional charge, "guilty;" of the additional charge, "guilty." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 55 

Sentence. — And the commission does, therefore, sentence him, Romano Cortame, 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case of Romano Cortame, native, the accused in his confession in 
open court said: "It was not my intention to kill anyone but Atilano. He was the 
cause of all my trouble. If anything happened at the ice plant, whether I did it or 
not, he would always inform Sen or Raima against me." 

The accused also confessed that because Balbino interfered with his efforts to kill 
Atilano he joursued and killed Balbino, and because Seiiores Cacho and Raima hap- 
pened to be in his way on the street as he was trying to escape he killed them also. 

The evidence appearing of record reveals the details of this triple murder and 
fully confirms the confession of the accused. 

The sentence, which was approved by the department commander on August 25, 
1900, is confirmed, and will be duly executed at the pueblo of Capiz, province of 
Capiz, Ranay, R. I., on the fourteenth (14th) day of December, A. D. 1900, under 
the direction of the commanding general. Department of the Visayas. 

By command of Major-General MaCxlrthur: 

S. D. Sturgis, 
Assistant Adjutant-General. 



Headquarters Division of the Rhilippines, 

Manila, P. I., November 13, 1900. 
General Orders, No. 115. 

Before a military commission which convened at Binalonan, Rrovince of Ranga- 
sinan, Luzon, R. I., pursuant to paragraph 4, Special Orders, No. 40, Headquarters 
Department of Northern Luzon, May 31, 1900, and of which Capt. Frederick S. AVild, 
Thirteenth U. S. Infantry, was president, and Capt. Arthur Johnson, adjutant, Thir- 
teenth U. S. Infantry, w^as judge-advocate, were arraigned and tried: 

Catalino Untalan, Feliciano Cortes, Juan Seguig, Alberto Marana, Melicio Gayiton, 
and Ambrosio Zuelacio, natives. 

Charge I. — "Kidnaping." 

Specification. — "In that they, Catalino Untalan, Feliciano Cortes, Juan Seguig, and 
Alberto Marana, natives, and residents of Urdaneta, Rrovince of Rangasinan, Island 
of Luzon, R. I., and Ambrosio Zuelacio and Melicio Gayiton, natives, and residents 
of Manaoag, Rrovince of Rangasinan, Island of Luzon, V. I., and each of them did, 
on or about March 2, 1900, then, as now, a time of insurrection, in the barrio of 
Tolong, Rueblo of L'rdaneta, Rrovince of Rangasinan, Island of Luzon, R. I., a place 
then, as now, under the military authority of the United States, band themseves 
together and with others, to wit, Apolinario Lantanao, Apolonio Ysla, and Mariano 
Ari, natives, present Avhereabouts unknown, and armed with rifles, and sharp instru- 
ments commonly called bolos, did enter certain houses in the said barrio of Tolong, 
and feloniously assault, seize, bind, and carry away the persons of Lorenza Soriano, 
Arcadio Jacobe, Tasinto Echavarre, Felipe Bacungan, and Gelasio Jacobe against 
their will and consent. This at the time and place above specified." 

Charge II.— " Murder." 

Specification. — "In that they, Catalino Untalan, Feliciano Cortes, Juan Seguig, and 
Alberto Marana, natives, and residents of Urdaneta, Rrovince of Rangasinan, Island 
of Luzon, R. I., and Ambrosio Zuelacio and Melicio Gayiton, natives, and residents 
of Manaoag, Rrovince of Rangasinan. Island of Luzon, P. I., and each of them did, 
on or about March 2, 1900, then, as now, a time of insurrection against the United 
States, at the barrio of Tolong, Urdaneta, Rrovince of Rangasinan, Island of Luzon, 
P. I., then, as now, a place under, the military authority of the L^nited States, felo- 
niously, w'illfully, and with malice aforethought, kill and murder the following per- 
sons, to wit, Lorenza Soriano, Arcadio Jacobe, Tasinto Echavarre, Felipe Bacungan, 
and Gelasio Jacobe, by inflicting wounds, instrument or instruments unknown, from 
which said Arcadio and Gelasio Jacobe, Lorenza Soriano, Tasinta Echavarre, and 
Felipe Bacungan then and there died. This at the time and place above specified." 

Rleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the specification, second charge, "not guilty;" to the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty, except the words ' to wit, 
Apolinario Lantano, Apolonio Ysla, and Mariano Ari,' and of the excepted w^ordsnot 
guilty." 

Of the first charge, " guilty." 

Of the specification, second charge, "guilty, except the words 'Arcadio Jacobe, 
Tasinto Echavarre, and Felipe Bacungan,' the words 'Arcadio and,' the words 
'Tasinto Echavarre and Felipe Bacungan,' of the excepted words not guilty." 



56 CHARGES OF CRUELTY, ETC., TO FILIP1I!^0S. 

Of the second charge, ''guilty." 

Sentence. — And the commission does therefore sentence them, Catahno Untalan, 
FeHciano Cortes, Juan Seguig, Alberto Marana, Melicio Gayiton and Ambrosio 
Zuelacio, and each of them, "To be hung b}^ the neck until they are dead, at such 
time and place as the reviewing authority may direct, two-thirds of the members of 
the commission concurring therein." 

In the foregoing case of Catalino Untalan, Feliciano Cortes, Juan Seguig, Alberto 
Marana, Melicio Gayiton, and Ambrosio Zuelacio, natives, who were jointly tried, 
the evidence conclusively shows that a band of outlaws armed with rifles, talibones, 
and bolos, forcibly seized and carried away from their homes, on or about March 2, 
1900, Lorenza Soriano, Gelasio Jacobe, Arcadio Jacobe, Tasinto Echavarre, and 
Felipe Bacungan; that these accused were members of the band and participated in 
its criminal acts, the accused, Catalino Untalan, taking an active and leading part; 
that no trace has since been had of Arcadio Jacobe, Tasinto Echavarre, or Felipe 
Bacungan, but that the dead bodies of Lorenza Soriano and Gelasio Jacobe, muti- 
lated with wounds that must in each case have resulted in death, were some three 
weeks later recovered in a well in the neighborhood, the identification being com- 
plete by reason of the clothing and articles found upon their bodies. 

The evidence connecting these accused with the forcible and criminal seizing and 
carrying away of Lorenza Soriano and Gelasio Jacobe is direct and positive and so 
intimately connects them with the murder of these persons as to leave no reasonable 
doubt of their guilt in the manner charged. 

The sentences, which were approved by the department commander on the 4th 
day of September, 1900, are confirmed, and in the case of Catalino Untalan, will be 
executed at the pueblo of Urdaneta, Province of Pangasinan, Luzon, P. I., on the 
23d day of November, A. D. 1900, under the direction of the commanding general, 
department of Northern Luzon. 

In the case of Feliciano Cortes, the sentence as confirmed is mitigated to confine- 
ment at hard labor for the period of his natural life ; and in the cases of Juan Seguig, 
Alberto Marana, Melicio Gayiton, and Ambrosio Zuelacio, the sentences as confirmed 
are mitigated to confinement at hard labor for the term of twenty years (20) , and the 
sentences, as thus mitigated, will be duly executed at the Presidio de Manila, to 
which place the prisoners will be sent under proper guard. 

By command of Major-General MacArthur: 

S. D. Sturgis, 
Assistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. L, November U, 1900. 
General Orders, No. 116. 

Before a military commission which convened at Capiz, island of Panay, P. I., 
pursuant to Paragraph II, Special Orders, No. 72, Headquarters Department of the 
Visayas, June 30, 1900, and of which Capt. Thomas W. Griffith, Eighteenth U. S. 
Infantry, was president, and Capt. David C. Shanks, Eighteenth U. S. Infantry, was 
judge-advocate, was arraigned and tried Felipe de la Peiia, native. 

Charge I. — "Arson." 

Specification 1. — "In that, on or about the 23d day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Panitan, island of Pauay, P. I., 
a place then, as now, a part of the territory of the United States, and under its mili- 
tary governmeut, one Felipe de la Pefia, a native, in company of, and consorting with, 
a band of armed robbers to the number of thirty -five (35), more or less, of which 
said band the said Felipe de la Pena was the leader and in command, did willfully, 
maliciously, and feloniously set fire to and burn the dwelling house of one Don 
Basilio Dadivas y Dones." 

Specification ^.— " That on or about the 6th day of July, A. D. 1900, then, as now, 
a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. I. , a place 
then, as now, a part of the territory of the United States and under its military gov- 
ernment, one Felipe de la Peha. a native, in company of, and consorting with, a 
band of armed robbers to the number of thirty-five (35), more or less, and of which 
said band the said Felipe de la Pena was the leader and in command, did willfully, 
maliciously, and feloniously set fire to and burn the dwelling house of one Ysidoro 
Dadivas Dias." 

Specification 3. — "In that, on or about the 23d day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. I., 
a place then, as now, a part of the territory of the United States, and under its mil- 



CHARGES OF CRUELTY. ETC. , TO FILIPIl^OS. 57 

itary government, one Felipe de la Pena, a native, in company of, and consorting 
with, a band of armed robbers to the number of thirty-five (35) , more or less, and 
of which said band the said Felipe de la Pena was the leader and in command, did 
willfnlly, maliciously, and felonioush' set fire to and burn the dwelling house of one 
Domingo Dalid." 

Specification 4- — '' In that, on or about the 23d day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. I., 
a place then, as now, a part of the territory of the United States, and under its mil- 
itary government, one Felipe de la Peiia, a native, in company of, and consorting 
with, a band of armed robbers to the number of thirty-five (35), more or less, and 
of which said band the said Felipe de la Pena was the leader and in command, did 
willfully, maliciously, and feloniously set fire to and burn the dwelling house of one 
Ysidoro Dadivas, Dias." 

Chaege II. — "Burglary." 

Specification 1. — "In that, on or about the 23d day of July, A. D. 1900, then, as now, 
a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. I., a 
place then, as now, a part of the territory of the United States, and under its mili- 
tary government, one Felipe de la Peiia, a native, in company of, and consorting 
with, a band of armed robbers, to the number of thirty-five (35), more or less, and 
of which said band the said Felipe de la Pena was the leader and in command, did 
feloniously and burglariously break and enter a dwelling house of one Ysidoro 
Dadivas Dias, and did then and there take, steal, and carry away from the said 
dwelling house of the said Ysidoro Dadivas Dias certain articles of clothing, the 
property of the said Ysidoro Dadivas Dias, valued at |6 Mexican currency, more or 
less. " 

Charge III.— "Kobbery." 

Specificatioy. — "In that, on or about the 23d day of June, A. D. 1900, then, as now, 
a time of insurrection, at or near the pueblo of Panitan, island of Panay, P. L, a place 
then, as now, a part of the territory of the United States, and under its military gov- 
ernment, one Felipe de la Peiia, a native, in company of, and consorting with, a band 
of armed robbers, to the number of thirty-five (35) , more or less, and of which band 
the said Felipe de la Peiia was the leader and in command, did feloniously and forci- 
bly take, steal, and carry away two (2) carabaos of the value of eighty dollars (880.00), 
more or less, and the property of Ysidoro Dadivas Dias." 

Pleas. 

To the first specification, first charge, "not guilty." 

To the second specification, first charge, "not guilty." 

To the third specification, first charge, " not guilty." 

To the fourth specification, first charge, "not guilty." 

To the first charge, "not guilty." 

To the specification, second charge, "not guilty." 

To the second charge, "not guilty." 

To the specification, third charge, " not guilty." 

To the third charge, "not guilty." 

Findings. 

Of the first specification, first charge, "not guilty." 

Of the second specification, first charge, "guilty." 

Of the third specification, first charge, "guilty." 

Of the fourth specification, first charge, "guilty." * 

Of the first charge, "guilty." 

Of the specification, second charge, "not guilty." 

Of the second charge, " not guilty." 

Of the specification, third charge, "guilty." 

Of the third charge, "guilty." 

Sentence. 

And the commission does therefore sentence him, Felipe de la Peiia, a native, 
" To be confined at hard labor, at such place as the reviewing authoritv mav direct, 
for a period of tw^enty (20) years." 

In the foregoing case of Felipe de la Pena, native, no evidence appears of record in 
support of the finding upon the second specification of the first charge, which is dis- 
approved; but it is conclusivelv shown that, on or about the middle of June, a liand 



58 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

of twenty natives, more or less, armed with lances, spears, and bolos, entered the 
barrio of Calaan in the pneblo of Panitan and burned two dwelUngs, setting fire to 
one after the frightened inmates had come out, and to the other to compel them to 
do so; that they then tied and whipped said inmates — men, women and children 
alike — and, leaving them bound and helpless, departed, taking with them two cara- 
baos. 

Three witnesses agree that the accused was present and, as the leader of the band, 
gave the orders for these acts of robbery and arson. 

The sentence, which was approved by the department commander on October 29, 
1900, is confirmed, and will be duly executed at the presidio de Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

S. J). Sturgis, 
Assistant Adjutant- General. 



Headquartees Division of the Philippines, 

Manila, P. J., November 19, 1900. 
General Orders, No. 120. 

Before a military commission which convened atLingayen, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 110, Headquarters Depart- 
ment of Northern Luzon, August 15, 1900, and of which Maj. William H. Bishop, 
36th Infantry, U. S. Volunteers, was president, and Capt. Warren H. Ickis, 36th 
Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried: 

I. Mariano Castillo, alias Macabat, a native. 

Charge I. — " Organizing and leading a band of armed outlaws, contrary to the 
laws and usages of war." 

Specification. — "In that he, Mariano Castillo, alias Macabat, did organize and style 
himself leader of a band of armed outlaws, under the name of 'Guardia de Honor,' 
and did enlist, for the purpose of plunder, robbery, murder, and assassination, cer- 
tain natives to the number of fifty (50), more or less, in and near the barrio of Caba- 
saan, pueblo of Anda, province of Zambales, P. I. 

"This at or near the place specified, a place then, as now, within the theater of 
active military operations by United States troops, during the months of January, 
Februarv, and March, 1900, a time then, as now, of insurrection against the United 
States."" 

Charge II.— "Murder." 

Specification. — "In that he, Mariano Castillo, alias Macabat, as leader of a band of 
armed outlaws, did willfully, feloniously, and with malice aforethought kill and mur- 
der one Francisco Fernandez, a native, by cutting and hacking said Fernandez with 
a bolo or bolos held in the hands of a member or members of said band, inflicting 
wounds Avith said bolo or bolos whereof the said Fernandez then and there died, at 
the barrio of Pangascasan, pueblo of Sual, province of Pangasinan, P. I. This on or 
about February 1, 1900, a time then, as now, of insurrection against the United 
States, and in the theater of active military operations by the United States troops, 
and occupied by United States forces." 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the specification, second charge, "notguiltv;" to the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty;" of the first charge, 
"guiltv;" of the specification, second charge, "guilty;" of the second charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Mariano Castillo, 
alias Macabat, native, "to be hanged by the neck until he is dead, at such time and 
place as the reviewing authority may direct, two-thirds of the members concurring 
therein." 

II. Paustino Pascoa, a native. 
Charge I. — "Murder." 

Specification. — "In that he, Paustino Pascoa, a native, on or about February 1, 
1900, then, as now, a time of insurrection against the lawful authority of the United 
States, at or near the sitio of Logolog, barrio of Pangascasan, pueblo of Sual, province 
of Pangasinan, P. I., a place then, as now, in the theater of active military opera- 
tions, in company of, and consorting with, a band of armed outlaws, terming them- 
selves 'Guardia (le Honor,' under the leadership of one Mariano Castillo, did will- 
fully, feloniously, and with malice aforethought, as an officer of said 'Guarclia de 
Honor,' order the killing and murdering of one Francisco Fernandez b}' causing him, 
the said Fernandez, to be tied and bound so as to render him, the said Fernandez, 



CHARGES Of CRUELTY. ETC.. TO FILIPINOS. 59 

helplei^s, and did. cause him to be cut, slashed, and mutilated by ordering one Pio- 
quinto de Jesus to cut him, the said Fernandez, with a bolo held in the hands of 
said de Jesus, and wherewith wounds were inflicted whereof he, the said Fernandez, 
then and there died." 

'•This at the times and places above specified." 

Plea.-<. — To the specification, "guilty, except as to the words 'willfully, feloniously, 
and with malice aforethought,' and as to the excepted words not guilty." To the 
charge, "not guilty." 

Findings. — Of the specification, "guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Paustino Pascoa, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein. 

III. Piociuinto de Jesus, a native. 
Charge. — " Murder. " ' 

Specification. — ''In that he, Pioquinto de Jesus, a native, on or about February I, 
1900, then, as now, a time of msurrection against the lawful authority of the Unitecl 
States, at or near the sitio of Logolog. barrio of Pangascasan, pueblo of Sual, prov- 
ince of Pangasinan, P. I., a place then, as now, in the theater of active military oper- 
ations, in company of, and consorting with, a band of anned outlaws, terming 
themselves ' Guardia de Honor,' under the leadership of one Mariano Castillo, did 
tie and bind one Francisco Fernandez, native, thereby rendering him entirely help- 
less, then did willfully, feloniously, and with malice aforethought kill and murder 
said Fernandez, by cutting him, the said Fernandez, with a bolo held in the hands 
of said Pioquinto de Jesus, inflicting wounds therewith whereof he, the said Fernan- 
dez, then and there died. This at the times and places above specified." 

Pleas. — To the specification, ' ' guilty, except as to the words. ' willfully, feloniously, 
and with malice aforethought,' and as to the excepted words not guilty." To the 
charge, "guilty." 

Findings. — Of the specification, ' ' guilty. ' ' Of the charge, ' ' guilty. ' ' 

Sentence. — Ajid the commission does therefore sentence him, Pioquinto de Jesus, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

IV. Eufino Bacarizas, a native. 
Charge. — " Murder. ' ' 

Specificaiion. — '"In that he, Rufino Bacarizas, a native, on or about February 1, 
1900, then, as now. a time of insurrection against the lawful authority of the L'nited 
States, at or near the sitio of Logolog, barrio of Pangascasan, pueblo of Sual, Pan- 
gasinan, P. I., a place then, as now, in the theater of active military operations, in 
company of, and consorting with, a band of armed outlaws, terming themselves 
'Guardia de Honor*" under the leadership of one Mariano Castillo, alias Macabat, 
did willfully, feloniously, and with malice aforethought kill and murder one Fran- 
cisco Fernandez, by stabbing and cuttmg said Fernandez with bolos held in the 
hands of members of said outlaws, inflicting wounds therewith whereof the said Fer- 
nandez then and there died. This at the times and places above specified." 

Pleas. — To the specification, "guilty, except to the words 'willfully, feloniously, 
and with malice aforethought,' and to the excepted words, not guilty." To the 
charge, "net guilty." 

Findings. — Of tlie si3ecification, "guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Rufino Bacarizas, 
native, " To be hanged by the neck until he is dead, at such time and place as may 
be fixed by the reviewing authority, two-thirds of the members concurring therein." 

In the foregoing cases of Mariano Castillo, alias Macabat, Paustino Pascoa, Pio- 
quinto de Jesus, and Rufino Bacarizas, natives, the evidence of many witnesses, 
including the confessions of three of the accused before the commission trying them, 
makes it conclusive beyond all reasonable doubt that the accused belonged to an 
organized band which, under the assumed style of " Guardia de Honor," had for its 
declared object the exercise of unlawful power, and, as the murder of their peaceful 
and unoffending victim in this case exemplifies, if found necessary to gratify either 
a desire for revenge against anyone falling under their displea>sure or a feeling of 
envy against the rich, to resort to the foul crime of as.^assination. The evidence 
reveals the orderly methods of the band in first issuing through its chief, Mariano 
Castillo, alias Macabat, the order to kill, in the employment of force through a detail 
of men, of which the defendant Rufino Bacarizas was one, led by the defendant 
Paustino Pascoa, to kidnap their selected victim, and in the designation of an exe- 
cutioner in the person of the defendant Pioquinto de Jesus, to deliver with a bolo 
the fatal blows whereof said victim did at once die. 

These inhuman methods remove all the participants, whether chief or willing fol- 



60 CHARGES 0¥ CRUELTY, ETC., TO FILIPINOS. 

lower of the band, from the pale of the law, and place them among that class of 
cowardly and secret assassins which all civilized men the world over hold to he 
enemies of mankind. 

The sentences which were approved by the Department Commander on the 6th 
day of September, 1900, are confirmed, and Avill be duly executed at the pueblo of 
Sual, province of Pangasinan, Luzon, P. I., on the twenty-first (21st) day of Decem- 
ber, A. D. 1900, under the direction of the commanding general, Department of 
iN^orthern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., Xorember 24, 1900. 
General Orders, Xo. 125. 

Before a military commission which convened at San Isidro, Province of Zambales, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 110, Headquarters Depart- 
ment of Xorthern Luzon, August 15, 1900, and of which Maj. William H. Bishop, 
Thirty-sixth Infantry, L^. S. ^^olmlteers, was president, and Capt. Warren H. Ickis, 
Thirty-sixth Infantry, was judge-advocate, were arraigned and tried: 

Leon Pascual and Paulino Madarang, natives. 

Charge I. — " Murder." 

Specification 1. — "In that Leon Pascual and Paulino Madarang, natives, and each 
of them, in company of, and consorting with, a band of armed outlaws to the num- 
ber of fifteen more of less, at or near the pueblo of Infanta, Province of Zambales, 
Luzon, and at a time then, as now, of insurrection against the lawful authority of the 
Ignited States, did willfully, feloniously, and with malice aforethought, kill and 
murder Mamerto Mirador, a native, by striking the said Miradorwith a bolo held in 
the hands of members of said band. This at or near Infanta, Province of Zambales, 
Luzon, P. I., on or about February 14, 1899." 

Specification 2. — "In that Leon Pascual and Paulino Madarang, natives, and each 
of them, in company of, and consorting with, a band of armed outlaws to the num- 
ber of fifteen more or less, at or near the pueblo of Infanta, Province of Zambales, 
Luzon, and at a time then, as now, of insurrection against the lawful authority of the 
L'nited States, did willfully, feloniously, and with malice aforethought kill and 
murder Adriano Mayor, a native, l^y striking said 31ayor with a bolo, held in the 
hands of members of said l^and. This at or near Infanta, Province of Zambales, 
Luzon, P. I., on or about February 10,1899." 

Specification 3. — "In that Leon Pascual and Paulino Madarang, natives, and each 
of them, in company of, and consorting with, a band of armed outlaws to the num- 
ber of fifteen more or less, at the pueblo of Infanta, Province of Zambales, Luzon, 
P. I., and at a time then, as now, of insurrection against the lawful authority of 
the United States, did willfully, feloniously, and with malice aforethought kill and 
murder Estevan Mapa, a native, by striking the said ]Mapa with a bolo, held in the 
hands of members of said band. This at or near Infanta, Province of Zambales, 
P. L, on or about Februarv 10, 1899." 

Charge II.— "Eobbery'." 

Specification. — "In that Leon Pascual and Paulino Madarang, natives, and each of 
them, on or about February 20, 1899, then, as now, a time of insurrection, at or near 
the pueblo of Infanta, Province of Zambales, Luzon, P. I., did feloniously and forcibly 
take from the presence of Catalino Moss, a native, a quantity of money, to the value of 
thirty (30) pesos, Mexican money, more or less, the property of said Catalino Moss. 
This at the times and places above specified." 

Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- 
cation, first charge, "not guilty;" to the third specification, first charge, "not guilty;" 
to the first charge, "not guilty;" to the specification, second charge, "not guilty;" 
to the second charge, "not guilty." 

FINDINGS. 

Leon Pascual. 

Of the first specification, first charge, "guilty;" of the second specification, first 
charge, " not guilty;" of the third specification, first charge, "not guilty;" of the 
firstcharge, "guilty;" of the specification, second charge, "not guilty;" of the second 
charge, ' * not guilty. ' ' 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 61 

Sentence. — And the commission does therefore sentence him, Leon Pascual, native, 
"to be hanged by the neck until he is dead, at such time and place as the reviewing- 
authority may direct, two-thirds of the members concurring therein." 

Paulino Madarang. 

Of the tirst specilication, first charge, "not guilty;" of the second specification, 
first charge, "not guilty;" of the third specification, first charge, "not guilty;" of 
the first charge, "not guilty;" of the specification, second charge, "not guilty;" of 
the second charge, " not guilty." 

Sentence. — And the commission does therefore acquit him, Paulino Madarang, 
native. 

In the foregoing case of Leon Pascual and Paulino Madarang, natives, it appears 
from the testimony of many witnesses that an armed band of outlaws entered the 
pueblo of Infanta at night, and, surrounding the house of Mamerto Mirador, three 
of their number forced an entrance, and with bolos in their hands and with threats 
of death assailed said Mirador, who, defending himself, repelled his assailants; 
whereupon the band set fire to the house thus forcing their victim to come out, when 
the band rushed upon him, and, striking him down with their bolos, took his life. 

Leon Pascual, one of the accused, was recognized by the inmates as one of the 
three men who entered the house and assailed the deceased. 

The evidence also clearly shows that Adriano Mayor and Estevan Mapa were, at 
the same time, taken by force by these outlaws from their homes in Infanta; that 
they had not since been seen in life, and that the remains of two men were later 
found unburied in the forest and articles of their clothing recognized with sufficient 
certainty to leave no reasonable doubt of the murder of the men named at the hands 
of this band of outlaws. 

The sentence in the case of Leon Pascual, native, which was approved by the 
department commander on the 31st day of October, 1900, is confirmed, but, upon his 
recommendation, is mitigated to imprisonment at hard labor for the period of his 
natural life, and, as thus mitigated, will be duly executed at the Presidio de Manila, 
to which place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barey, 
Brigadier-General, U. S. Volunteers, Chief of Stqf. 



Headquarters Division of the Philippines, 

Manila, P. L, November ^4, 1900. 
General OMers, No. 126. 

Before a military commission which convened at Capiz, island of Panay, P. I., 
pursuant to Paragraph II, Special Orders, No. 72, Headquarters Department of the 
Visayas, June 30, 1900, and of which Capt. Thomas W. Grifith, 18th U. S. Infantry, 
Avas president, and Capt. David C. Shanks, 18th U. S. Infantry, w^as judge-advocate, 
was arraigned and tried Mariano Anton, native. 

Charge I. — "Highway robbery." 

Specifiratioii 1. — " In that, on or about the 16th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a 
place then, as now, a part of the territory of the L^nited States, and under its mili- 
tary government, one Mariano Anton, a native, in company of, and consorting with, 
a band of armed outlaws, commonly called ladrones, did feloniously take, steal, and 
carry away thirty-five (35) cavans of palay, valued at about eighty-seven dollars and 
fifty cents (!p87.5b) in Mexican currency, from the following-named parties, to wit: 
Don Sebadino Barona, Juan Esfoma, and Ambrosio Benondo." 

Specif cation 2. — "In that, on or about the 23d day of June, A. D. 1900, then, as 
now, a thne of insurrection, near the pueblo of Dao, island of Panay, P. I., a place 
then, as now, a part of the territory of the United States, and under its military gov- 
ernment, one Mariano Anton, a native, in company of, and consorting with, a' band 
of armed outlaws, commonly called ladrones, did feloniously and forcibly take, steal, 
and carry away two (2) carabaos, valued at about eighty (80) dollars, Mexican cur- 
rency, from and the property of the following-named parties, to wit: Don Juan 
Firmalino and Don Iban Jelista." 

Specif cation 5.— "In that, on or about the 20th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a 
place then, as now, a part of the territory of the Ignited States, and under its mili- 
tary government, one ^lariano Anton, a native, in comj^any of, and consorting with, 
a band of armed outlaws, commonly called ladrones, did feloniously and forcil)ly 
take, steal, and carry away the sum of two hundred (200) dollars, Mexican currency, 
the property of one Sabas Escotin." 



62 CHARGES OF CRUELTY. ETC., TO FILIPINOS. 

Spenficatiou 4. — " In that, on or about the 29th day of June, A. D. 1900, then, as 
now, a time of msurrection, at or near the pueblo of Dao, island of Panay, P. I., a 
place then, as now, a part of the territory of the Li^nited States, and under its mili- 
tary government, one ^Mariano Anton, a native, in company of, and consorting with, 
a band of armed outlaws, commonly called ladrones, did feloniously and forcibly 
take, steal, and carry away three (3) carabaos, valued at about fifty dollars (S50), 
Mexican currency, the property of one Nicolasa Campos." 

Chaege II. — "Arson." 

Specijicatiou 1. — "In that, on or about the 16th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a 
place then, as now, a part of the territory of the United States, and under its mili- 
tary government, one Mariano Anton, a native, in company of, and consorting with, 
a band of armed outlaws, commonly called ladrones, did willfully and maliciously 
and felonioush' set fire to and burn a dwelling house, the property of Vicente Esti- 
mos and Don Simon Firmaline." 

Specification -2. — "In that, on or about the 29th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I. , a 
part of the territory of the United States, and under its military government, one 
Mariano Anton, a native, in company of, and consorting with, a band of armed out- 
laws, commonly called ladrones, did willfully, maliciously, and feloniously set fire to 
and burn a dwelling house, the propertv of one Xicolasa Campos." 

Chaege III.— "Assault with intent to kill." 

Specification 1. — "In that, on or about the 1st day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a 
place then, as now, a part of the territory of the United Stales, and under its mili- 
tary government, one Mariano Anton, a native, in company of, and consorting with, 
a band of armed outlaws, commonly called ladrones, did make a violent assault upon 
one Tomas Aleligay by then and there cutting the said Tomas Aleligay with bolos, held 
in the hands of the said Mariano Anton, and in the hands of the members of the said 
band of ladrones, with the intent then and there M'illfully, feloniously, and with 
malice aforethought to murder and kill the said Tomas Aleligay." 

Specification 3. — "In that, on or about the 29th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Dao, island of Panay, P. I., a 
place then, as now, a part of the territory of the United States, and under its mili- 
tary government, one Mariano Anton, a native, in company of, and consorting with, 
a band of ariiied outlaws, commonly called ladrones, did cause one of the said 
ladrones, who was armed with a Remington rifle, to fire upon the police of the said 
pueblo of Dao, with the intent then and there to willfully, maliciously, and felon- 
iously murder and kill the said police of Dao, the said police being then and there 
in the performance of their duty in attempting to arrest the said Mariano Anton." 

PLEAS. 

To the first specification, first charge, "not guilty." 

To the second specification, first charge, "not guilty." 

To the third specification, first charge, "not guilty." 

To the fourth specification, first charge, "not guilty.". 

To the first charge, "not guilty." 

To the first specification, second charge, "not guilty." 

To the second specification, second charge, "not guilty." 

To the second charge, "not guilty." 

To the first specification, third charge, ' ' not guilty. ' ' 

To the second specification, third charge, "not guilty." 

To the third charge, " not guilty." 

FINDINGS. 

Of the first specification, first charge, "guilty." 

Of the second specification, first charge, "not guilty." 

Of the third specification, first charge, "not guilty." 

Of the fourth specification, first charge, "guilty." 

Of the first charge, "guilty." 

Of the first specification,' second charge, "guilty, except the words 'and Don 
Simon Firmaline,' and of the excepted words, not guilty." 

Of the second specification, second charge, "not guilty." 

Of the second charge, "guilty." 

Of the first specification, third charge, "guilty, except the words 'by then and 
there cutting the said Tomas Aleligay,' and of the excepted words, not guilty." 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 63 

Of the second specification, third charge, "not guilty." 
Of the third charge, "guilty." 

SENTENCE. 

And the commission does therefore sentence him, Mariano Anton, a native, "to 
be coniined at hard labor, at such place as the reviewing authority may direct, for 
the period of twenty years." 

In the foregoing case of ^Mariano Anton, native, it appears by the evidence that 
the accused was a leader of a band of about thirty men armed with bolos and at least 
one rifle, which was apparently more especially employed to terrify the people they 
intended to rob. The accused admitted that he was "chief of the bands in the 
neighborhood," that he had been appointed as such "by order of General Diocno," 
but denied all participation in the offenses charged against him. 

The ])ositive testimony of the owners that they recognized the accused with the 
band when their property was taken from them by force and threats of violence, 
leaves no reasonable doubt of his guilt as found by the military commission. 

The sentence, which was approved by the department commander on the 18th day 
of October, 1900, is confirmed, and Avill be duly executed at the Presidio de Manila, 
to which place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U.S. Volunteers, Chief of St ({f. 



Headquarters Division of the Philippines, 

Manila, P. I., November 26, 1900. 
General Orders, Xo. 129. 

Before a military commission which convened at Santa Cruz, Province of Laguna, 
Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 130, Headquarters Depart- 
ment of Southern Luzon, August 20, 1900, and of which Major Thomas G. Carson, 
11th Cavalry, U. S. Volunteers, was president, and 1st Lieutenant Blanton Winship, 
29th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Juan 
Corbite, a native. 

Charge. — " Violation of the laws of war." 

Specification 1. — "In that Juan Corbite, native, having on the 25th day of April, 
1900, voluntarily taken and subscribed to the oath of allegiance to the United States 
as follows, to wit: 'I solemnly swear that I will bear myself with truth, sincerity and 
loyalty toward the United States of America, and that I will serve them against all 
their enemies whomsoever, without evasion or reservation;' such oath of allegiance 
having been thorouohly explained to and understood by him, did violate said oath 
of allegiance by taking up arms against the United States as a lieutenant in Captain 
Dimayuga's company in the insurgent army, an organization engaged in insurrection 
against the lawfully constituted authority of the United States. This in time of in- 
surrection in Laguna Province, Luzon, P. I., a place under the militarv government 
of the United States, in the month of May, 1900." 

Specijication 2. — "In that Juan Corbite, native, having on the 25th day of April, 
1900, voluntarily taken and subscribed to the oath of allegiance to the United States 
as follows, to wit: ' I solemnly swear that I will bear myself with truth, sincerity and 
loyalty toward the I'nited States of America, and that I will serve them against all 
their enemies whomsoever, without evasion or reservation;' such oath of allegiance 
having been thoroughly explained to and understood by him, did violate said oath 
of allegiance by taking command of, and consorting with, an armed party of insur- 
gents, said armed joarty being a part of an organization engaged in insurrec:tion 
against the lawfully constituted authority of the United States. This in time of in- 
surrection, at or near the barrio of Talongos, Province of Laguna, Luzon, P. I., a place 
under the militarv government of the U^nited States, on or about the 26th dav of Mav, 
1900." " ^ ^ 

Specification S. — "In that Juan Corbite, native, having on the 25th day of April, 
1900, voluntarily taken and sul)scribed to the oath of allegiance to the United States 
as follows, to wit: ' I solemnly swear that I will bear myself with truth, sincerity and 
loyalty toward the United States of America, and that I will serve them against all 
their enemies whomsoever, without evasion or reservaton;' such oath of allegiance 
having been thoroughly explained to and understood by him, did violate saitl oath 
of allegiance by participating with an armed party of insurgents, said armed party 
being a ]iart of an organization engaged in insurrection against tlie lawfullv consti- 
tuted authority of the United States, in an attack upon the town of Magdalena, P. I., 



64 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

a place garrisoned by United States troops. This in time of insurrection, in the 
province of Laguna, P. I. , a place under the military government of the United States, 
on or about the night of May 29, 1900." 

Spec{tic(ition 4- — "In that Juan Corbite, native, having on the 25th day of April, 
1900, voluntarily taken and subscribed to the oath of allegiance to the United States 
as follows, to wit: ' I solemnly swear that I will bear myself with truth, sincerity and 
loyalty toward the United States of America, and that I will serve them against all 
their enemies whomsoever, without evasion or reservation;' such oath of allegiance 
having been thoroughly explained to and understood by him, did violate said oath 
of allegiance by participating with an armed party of insurgents, said armed party 
being part of an organization eugaged in insurrection against the lawfully constituted 
authority of the United States, in an engagement against United States forces. This 
in time of insurrection, in the province of Laguna, Luzon, P. L, a place under the 
military government of the L'^nited States, on or about the 18th day of July, 1900." 

Specijieatloji 5. — "In that Juan Gorbite, native, having, in company with other 
armed natives, entered the house of Pedro Buenabentura, a peaceable native, did, by 
means of violence and putting in fear, forcibly and against his will, compel said 
Buenabentura to join the insurgent army, an organization engaged in insurrection 
against tiie lawfully constituted authority of the United States. This in time of 
insurrection, at or near Bolonae, a barrio of Magdalena, Province of Laguna, Luzon, 
P. L, a place under the militarv government of the United States, on or about the 
23dday of May, 1900." 

Specification 6. — " In that Juan Corbite, native, having, in company with other armed 
natives, entered the house of Hermanchildo de Austria, a peaceable native, did, by 
means of violence and putting in fear, forcibly and against his will, compel the said 
Austria to join the insurgent army, an organization engaged in insurrection against 
the lawfully constituted authority of the United States. This in time of insurrection, 
in the Province of Laguna, Luzon, P. L, a place under the military government of 
the United States, in the month of May, 1900." 

Specification 7. — "In that Juan Corbite, a native, in company with other armed 
natives, did enter the house of Benecio Buenabentura, a peaceable native, and 
feloniously and forcibly bind the hands and carry away the person of the said 
Buenabentura, and, by means of violence and putting in fear, seek to compel the 
said Buenabentura to join the insurgent army, an organization engaged in insurrec- 
tion against the lawfully constituted authority of the United States. This in time 
of insurrection, in the Province of Laguna, Luzon, P. I., a place under the military 
government of the L'nited States, in the month of May, 1900." 

Pleas. — To the first specification, "not guilty;" to the second specification, "not 
guilty;" to the third specification, "not guilty;" to the fourth specification, "not 
guilty;" to the fifth specification, "not guilty;" to the sixth specification, "not 
guilty;" to the seventh specification, "not guilty." To the charge, "not guilty." 

Findings. — Of the first specification, "guilty;" of the second specification, 
"guilty;" of the third specification, "guilty;" of the fourth specification, "not 
guilty;" of the fifth siiecification, "guilty;" of the sixth specification, "guilty;" 
of the seventh specification, "not guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Juan Corbite, 
native, "To be haiiged by the neck until he be dead, two-thirds of the members of 
the commission concurring therein." 

In the foregoing case of Juan Corbite, native, it appears from the testimony of 
three officers of the army that the accused had been arrested at his own home and 
confessed that he was a "teniente" in the insurgent forces, but claimed he had 
deserted said forces and desired "to be a friend of the Americans," and thereupon 
had voluntarily offered to take the oath of allegiance to the LTnited States. This he 
was not permitted to do until, with painstaking care, the full meaning of said 
oath and the extreme penalty of death to which its violation would render him 
liable had been imparted to him in both the Spanish and Tagalog languages. A few 
days following his subscribing the oath the accused, taking advantage of the personal 
liberty accorded him, disap})eared and, as is conclusively shown by the testimony of 
several natives thereafter serving under him, returned to his company, and, in the 
execution of his office as "teniente" in the insurgent forces, reengaged in active 
warfare ?gainst the military forces of the United States. 

The sentence which was approved by the department commander on the 14th day 
of September, 1900, is confirmed, but is mitigated to confinement at hard labor for 
the period of ten (10) years, and, as thus mitigated, will be dulj' executed at the 
Presidio de ^lanila, to which place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Baery, 
Brigadier- General, U. S. Voluitteers, Chief of Staff. 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 65 

Headquarters Division of the Philippines, 

Manila, P. I., November ^6, 1900. 
General Orders, No. 130. 

Before a militar}' commission which convened at Tuguegarao, province of Cagayan, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 43, Headquarters Depart- 
ment of Northern Luzon, June 6, 1900, and of which Col. William H. Beck, Forty- 
ninth Infantry, L^nited States Volunteers, was president, and Maj. Robert Gage, 
Forty-ninth Infantry, United States Volunteers, was judge-advocate, was arraigned 
and tried Capt. Tiburcio de los Reyes, of the Filipino insurgent army. 

Charge. — " Violation of the laws of war." 

Specification 1. — "In that Tiburcio de los Reyes of the insurgent army did, in time 
of insurrection, organize and command in the territory occupied by the army of the 
United States and under the military laws of the United States, armed squads of 
men not in the uniform of the Filipino insurgent, for the purpose of fighting, 
robbing, and plundering the citizens of the island of Luzon, P. I. This at, or near, 
Tuguegarao, Luzon, P. I., during the month of May, 1900." 

Specification 2. — "In that Capt. Tiburcio de los Reyes of the Filipino insurgent 
army did, in the time of insurrection, bear arms as a war rebel against the United 
States and in the territory occupied by the army of the United States, and did lead 
in attack against the town of Tuguegarao, P. I. This near Tuguegarao, Luzon, P. L, 
on or about May 20, 1900." 

Specification S. — "In that Capt. Tiburcio de los Rej'^es of the Filipino insurgent 
army did, in tin:ie of insurrection, cause to be written, dictate, and did sign in person, 
as adjutant to Col. T. Philipi, of the Filipino army, the following threatening and 
rebellious letter: 

^^ '' To the Presidente of Tuguegarao, P. I. 

"'Dear Brother: I wish a conference with you, without loss of time, when we 
can explain and talk in good faith, like Filipinos and patriots. This is for the 
protection of your life and the lives of those around you, for you are already on the 
dead list. Do not be afraid. 

'.''(Signed) T. Philipi, 

" ' The Chief Commander. 

"'To Seilor Sebastian Tuyuan, 

'^^ Presidente of the town of Tuguegarao, Province of Cagayan, Luzon, P. J.' 

"This at, or near, Tuguegarao, Luzon, P. I., on or about May 21, 1900." 

Specification 4- — "In that Capt. Tiburcio de los Reyes of the Filipino insurgent 
army did, in the time of insurrection, cause to be written, dictate, and did sign in 
person, as the adjutant to Col. T. Philipi, of the Filipino insurgent army, the 
following threatening and rebellious letter: 
" ' To tJie Judge of the Court of the First Instance. 

" 'My Dear Friend: With the consideration that I worked for you in the past, 
I can not be ungrateful to you. For the sake of convenience and the service in the 
past, I would request that you have a conference with me to avoid the bad outcome 
of this irregularity of the town. You are to be firm, like a patriotic Filipino and 
one in goocl faith. 

'"(Signed) T. Philipi, 

''^ The Colonel Commanding. 

" ' To N. Nepomucino, 

" ' The Judge of the Court of the First Instance of the Province of Cagayan, Isabella 
and X'ueva Viscaya.'' 

"This at, or near, Tuguegarao, Luzon, P. I., on or about May 21, 1900." 

Specification o, — "In that Capt. Tiburcio de los Reyes, of the Filipino insurgent 
army did, in the time of insurrection, cause to be written, dictate, and did sign in 
person, as adjutant to Colonel Philipi, of the Filipino insurgent army, the following 
threatening and rebellious letter: 

"'To tJie clerl- of the court of first instance. 

'"Sir: By the order of the master and honorable Presidente, I request of you a con- 
ference, without the loss of time, in regard to the rights of Filipinos Now be patriotic, 
for this to\An, from all rumors, is very ungrateful, and by so doing you will avoid any 
bad feeling. You must have strong heart and faith and that true love of patriotism. 

(Signed) "'T. Philipi, the Colonel Conimanding. 

" 'To Don Antonio Carag Isador, the Clerk of the Court of First Instance of the Province 
of Cagayan, Isabela and Nueva Viscaya.^ 

"This at, or near, Tuguegarao, Luzon, P. L, on or about May 21, 1900." 
Pleas. — To the first specification, "not guilty." To the second specification, 
"guilty, except the words, 'and did lead an attack against the town of Tuguegarao, 

S. Doc. 205, pt 2 5 



66 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

P. I.' Of the excepted words, " not guilty. " To the third specification, "guilty." 
To the fourth specification, "guilty." To the fifth specification, "guilty." To "the 
charge, ' ' not guilty. ' ' 

Findings. — Of the first specification, "guilty, excepting the words, 'robbing and 
plundering the citizens of the island of Luzon, P. I.,' and substituting therefor, 
'United States troops,' of the excepted words, not guilty, of the substituted words, 
guilty." Of the second specification, "guilty, excepting the word, 'lead,' substitut- 
ing therefor ' organize and cause to be made; ' of the excepted word not guilty, of the 
substituted words guilty." Of the third specification, "guilty." Of the fourth 
specification, ' ' guilty. ' ' Of the fifth specification, ' ' guilty. ' ' Of the charge, ' ' guilty. " 

And the commission does, therefore, sentence him, Capt. Tiburcio de los Eeyes, of 
the Filipino insurgent army, "To be confined at hard labor, at such place as the 
reviewing authority may designate, for fifteen years." 

In the foregoing case of Capt. Tiburcio de los Reyes, of the Filipino insurgent^ 
army, the accused pleaded guilty to writing the threatening letters set forth in 
the third, fourth, and fifth specifications, but it is not alleged nor is there evidence of 
record going to show that they were received by or the contents made known to the 
parties to whom they were addressed. Letters are attached to the proceedings, but 
they were not identified, read in evidence, nor in any manner referred to as a part of 
the accepted record in the case. Notwithstanding this msufficiency of allegation and 
the absence of the customary forms of procedure in making these threatening letters 
a part of the record, the fact stands out with unmistakable clearness that the accused 
was engaged in an effort to deter native officials from performing the duties of their 
ofiices and to break up and bring to naught such degree of peace, order, and good 
government as the United States had succeeded in establishing in these islands. 

With the exception that no evidence appears whether the armed squads of men were 
or were not in the "uniform of the Filipino insurgent," the evidence also conclusively 
shows that the accused exerted himself to recruit men for the insurgent cause and to 
organize armed resistance to the military forces of the United States in a district fully 
occupied by said forces and where the authority of the United States was in full force 
and effect. 

Persons who rise in arms against an occupying or conquering army and conspire 
against the authority established by the same within the occupied terrritory, are 
regarded by the laws of war as war-rebels, and if captured, may suffer death, 
" whether they rise singly, in small or large bands, and whether called upon to do so 
by their own, but expelled, government or not." 

The sentence, which was approved by the department commander on September 
10, 1900, is confirmed, and will be duly executed at the Presidio de Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Phillipines, 

Manila, P. I., November 27, 1900. 
General Orders, Xo. 131. 

Before a military commission which convened at San Isidro, province of Zambales, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 110, Headquarters Depart- 
ment of Xorthern Luzon, August 15, 1900, and of which INIaj. William H. Bishop, 
Thirty-sixth Infantry, U. S. Voiunteers, was president, and Capt. Warren H. Ickis, 
Thirty-sixth Infantry, U. S. Volunteers, was judge-advocate, were arranged and 
tried: 

I. Bentura Barcena, Gabriel Espenosa, and Domingo Baloyot, natives. 

Charge I. — "Murder." 

Specification. —"In that Bentura Barcena, Gabriel Espenosa, and Domingo Baloyot, 
natives, and each of them, on or about April 25, 1900, at the barrio of iNlobalitte, 
pueblo of Dasol, province of Zambales, Luzon, P. I., in territory then, as now, 
occupied by Ignited States troops, and at a time then, as now, of insurrection 
against the lawful authority of the United States, did, in company of, and consorting 
with, a band of armed outlaws, to the number of seven (7), more or less, willfully, 
feloniously, and with malice aforethought kill and murder Pedro Abilla, a native, by 
shooting him, the said Abilla, with rifies, held in the hands of said Bentura Barcena, 
Gabriel Espenosa, and Domingo Baloyot, inflicting wounds therewith, whereof he, 
the said Pedro Abilla, then and there died. This at the times and places above spec- 
ified." 



CHAEGES OE' CRUELTY, ETC., TO FILIPINOS. 67 

Charge II.— '' Robbery." 

Specification. — "In that they, Bentura Barcena, (Tabriel Espenosa, and Domingo 
Baloyot, natives, and each of them, on or about April 25, 1900, then, as now, a time 
of insurrection, at or near the barrio of Mobahtte, pueblo of Dasol, province of Zam- 
bales, Luzon, P. I., in territory then, as now, occupied by United States troops, and 
at a time then, as now, of insurrection against the lawful authority of the United 
States, did, in company of, and consorting with, a band of armed native outlaws to the 
number of seven (7), more or less, feloniously and forcibly take from the presence of 
the owner or custodian thereof a quantit}^ of money, clothes, and other valuables 
(value unknown) the property of Pedro Abilla, native. This at the times and places 
above specified." 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
' ' not guilty. ' ' 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guiltv." Of the specification, second charge, "guilty." Of the second charge, 
"guilty." 

Sentence. — And the commission does therefore sentence them, Bentura Barcena, 
Gabriel Espenosa, and Domingo Baloj'ot, natives, and each of them, ' to be hanged 
by the neck until they, and each of them, are dead, at such time and place as the 
reviewing authority may direct, two-thirds of the membrers concurring therein." 

II. Tomas Aquino, native. 

Charge L— "Murder." 

Specification. — " In that Tomas Aquino, native, on or about April 25, 1900, at the 
barrio of Mobalita, pueblo of Dasol, province of Zambales, Luzon, then, as now, 
occupied by United States troops, and at a time of insurrection against the lawful 
authority of the United States, did, in com23any of, and consorting with, a band of 
armed outlaws to the number of seven, more or less, feloniously and with malice 
aforethought kill and murder Pedro Abilla, a native, by shooting him, the said 
Abilla, with rifles held in the hands of said Tomas Aquino, and others of said band, 
inflicting wounds therewith whereof the said Abilla then and there died. This at 
the times and places specified." 

Charge II. — " Robbery." 

Specification. — "In that Tomas Aquino, native, on or about April 25, 1900, at the 
barrio of Mobalita, pueblo of Dasol, province of Zambales, Luzon, then, as now, 
occupied by United States troops, and at a time of insurrection against the lawful 
authority of the LTnited States, did, in company of, and consorting with, a band of 
armed outlaws to the number of seven, more or less, feloniously and forcibly take 
from the presence of Pedro Abilla, native, a quantity of money and clothing and 
other valuables, value unknown, the property of said Pedro Abilla, native. This at 
the time and place specified." 

Pleas. — To the specification, first charge, " not guilty." To the first charge "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty, except of the word 'the' in 
the line next above the concluding line of said specification, substituting therefor 
the word 'said,' and inserting after the word 'property' in said described line the 
words ' being in the possession,' of the excepted word not guilty, and of the substi- 
tuted and inserted words guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Tomas Aquino, 
native, " to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing cases of Bentura Barcena, Gabriel Espenosa, and Domingo Balo- 
yot, natives, who were jointly tried, and Tomas Aquino, native, two witnesses, 
sons of the deceased, testify that, while searching for a cow stolen from them by 
outlaws, they were, about midday in the forest near Dasol, seized by several men 
armed with rifles, among them these accused whom they well knew and recognized, 
who first tied their arms and beat them until one of tlie captives disclosed to them 
the place in his father's house where his savings of money were kept. Taking this 
witness with them and leaving the other tied to a tree, "the band, after nightfall, 
went to the house of the deceased, and taking him therefrom tied his arms behind 
his back and placing him beside his son, who was still likewise bound, a part of the 
band guarded them while the others secured the money — 63 pesos — and looted the 
house of articles of clothing and other valuables. While so engaged, members of 
the band made threats against their captives, repeatedly saying that it was their 
intention to kill them, and, being thus put in great bodily fear, the father and son 



68 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

attempted to escape by running, when all the band joined in pursuit, and, firing upon 
theni, the (ieceased fell fatally wounded, and being overtaken by his murderous pur- 
suers his body was by them beaten with crushing blows upon the head and face until 
life was extinct. 

By good fortune the son reached the cover of the nearby forest and lived to relate 
the part tliese accused took in the unlawful acts which resulted in the taking of the 
life of an unoffending man, certain details of which, as the robbery, the firing of 
the guns, and the finding of the dead body, are so confirmed by other Avitnesses, who 
at the time were inmates of the house of the deceased, that there is left no reasonable 
doubt that these accused are each and all guilty of murder as charged. 

The sentences which were approved by the department commander on the 19th 
day of October, 1900, are confirmed and will be duly executed at the pueblo of 
Dasol, in the province of Zambales, Luzon, P. I., on the twenty-eighth (28th) day 
of December, A. D. 1900, under the direction of the commanding general, Depart- 
ment of Northern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., December 1, 1900. 
General Orders, No. 133. 

Before a military commission which convened at Binalonan, province of Pangasi- 
nan, P. I. , pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department 
of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, Thirteenth 
U. S. Infantry, was president, and First Lieut. Harvey W. Miller, Thirteenth U. S. 
Infantry, was judge-advocate, was arraigned and tried Moices Lomabao, a native. 

CharctE I. — ''Assault and battery with intent to do bodily harm." 

Specification. — "In that Moices Lomabao, in company of and consorting with 
armed outlaws to the number of ten, more or less, did, in time of insurrection, enter 
the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place 
then, as now, in the theater of military operations, and did unlawfully seize and con- 
duct therefrom, with intent to do bodily harm, Eoman Docosin, Maximino Tabaldo, 
Severino Prado, INlaximo Sabarboro, and Dolores Dingli, natives, lawfully residing 
m said barrio. This at the place above specified at about 10 p. m., February 17, 
1900." 

Charge II. — "Murder." 

Specification. — "In that Moices Lomabao, in company of and consorting with 
armed outlaws to the number of ten, more or less, did willfully, feloniously, and with 
malice aforethought murder and kill Roman Docosin, Maximino Tabaldo, Severino 
Prado, Maximo Sabarboro, and Dolores Dingli, by shooting them, the said Docosin, 
Tabaldo, Prado, Sabarboro, and Dingli, with guns, and stabbing them, the said Doco- 
sin, Tabaldo, Prado, Sabarboro, and Dingli, with lances and bolos, held in the hands 
of the said Moices Lomabao and of the said outlaws, inflicting wounds therewith, 
whereof they, the said Docosin, Tabaldo, Prado, Sabarboro, and Dinjo^li, then and 
there died. This in time of insurrection, on or about February 17, 1900, at or near 
the barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. L, a place 
then, as now, in the theater of military operations." 

Pleas. — To the si^ecification, first charge, "not guilty." To the first charge, " not 
guilty." To the specification, second charge, "not guiltv." To the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty, excej^t the words 'and 
Dolores Dingli,' and the Words 'shooting them, the said Docosin, Tabaldo, Prado, 
Sabarboro, and Dingli, with guns and,' and the words 'and Dingli,' wherever 
occurring, and of the excepted words, not guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence tlie accused, Moices 
Loma])ao, native, "to be hung by the neck until he is dead, at such time and place 
asthereviewingauthority may direct, two-thirds of the members concurring therein." 

In the foregoing case of JNIoices Lomabao, native, it appears from the evidence that 
an armed body of ladrones, about thirty in number, entered the barrio of Namipitan 
at night and taking four men and a woman by force and violence from their homes, 
disappeared with them; that, after search was made for the captives, the bodies of 
all but the woman were, three days later, found shockingly mutilated and decaying 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. ^9 

in death. It further appears that the accused was active and cruel in taking captive 
these unoffending people, and that no motive other than robbery and a savage 
delight in taking life appears to explain this act of wholesale murder. 

The sentence which was approved by the department commander on September 
29, 1900, is confirmed, and will be duly executed at the pueblo of Binalonan, prov- 
ince of Pangasinan, Luzon, P. I., on the 21st day of December, A. D. 1900, under the 
direction of the commanding general, Department of Xorthern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Vohmteer><, Chief of Staf. 



Headquarters Division of the Philippines, 

Manila, P. I., Decembers, 1900. 

General Orders, Xo. 135. 

Before a military commission which convened at Tayabas, provmce of Tayabas, 
Luzon, P. I., j)ursuant to paragraph 2, Special Orders, Xo. 148, headquarters Depart- 
ment of Southern Luzon, September 8, 1900, and of which Capt. Harrison S. Kerrick, 
Thirtieth Infantry, U. S. Volunteers, was president, and First Lieut. John W. C. 
Abbott, Thirtieth Infantry, V. S. Volunteers, was judge-advocate, was arraigned and 
tried Victor Sabeseda, a native. 

Charge I. — "Burglary." 

Specification 1. — "In that Victor Sabeseda, a native Filipino, in company with 
others whose names are unknown, at the barrio of Lalo, pueblo of Tayabas, province 
of Tayabas, Luzon, * "^ * at a time then, as now, of insurrection, * * * did 
willfully, unlawfully, and feloniously, and in the nighttime, break and enter into the 
dwelling house of Enrique Rabida, a native, * * * and * * * did make an 
assault upon the said Enrique Eabida and tie him and scrape his shins with a bolo, 
and did unlaAvfuUy and feloniously take, steal, and carry away three pairs of panta- 
loons of the value of three pesos, four chickens of the value of two pesos, five skirts 
of the value of fifteen pesos, and eight women's camisas of the value of fifteen pesos, 
of the property of the said Enrique Rabida. This at the place above specified, about 
midnight, on or about the 12th day of July, 1900." 

Specification 2 . — "In that Victor Sabeseda, a native Filipino, in company with 
others whose names are unknown, at barrio of Lalo, pueblo of Tayaba.*^, * -^ * 
Luzon, ■* * * at a time then, as now, of insurrection, * * * did willfully, 
unlawfully, and feloniously, and in the nighttime break and enter into the dwelling 
house of Juan Rabida, a native, * * * and the said Victor Sabeseda being within 
said house did then and there make an assault upon the said Juan Rabida by cutting 
him with bolos and scraping his shins with bolos and by burning his legs, and the 
said Victor Sabeseda did then and there take, steal, and carry away eighty-seven 
centimos of the value of eighty-seven centimos, two pairs of trousers of the value of 
one peso, two men's camisas of the value of one peso, two women's camisas of the 
value of two pesos, two skirts of the value of two pesos, thirty-six plates of the value 
of six pesos and one ganta of salt of the value of medio peso, of the personal property 
of the said Juan Rabida. This at the place above specified, at about the hour of 
midnight, on or about the 25th day of March, 1900." 

Specification 3. — "In that Victor Sabeseda, a native Filipino, in company with 
others whose names are unknown, at the barrio of Lalo, pueblo of Tayabas, * * * 
Luzon, * * * at a time then, as now, of insurrection, * * * did unlawfully, 
willfully, and feloniously, in the nighttime, break and enter into the dwelling house 
of Eugenio Xano, a native, * * * and the said Victor Sabeseda, being then and 
there within said house, did assault, strike, beat, and w^ound Eugenio Xano, Valentin 
Quintoa, and Ciriaca Quintoa, and did rob and by force and violence take from said 
Eugenio Xano, Valentin Quintoa, and Ciriaca Quintoa five pesos, Mexican silver of 
the value of five pesos. This at the place above specified, at about 2 o'clock a. m., 
on or about the 14th day of July, 1900." 

Specification 4- — " In that Victor Sabeseda, a native Filipino, in company with 
others whose names are unknoAvn, at the barrio of Lalo, pueblo of Tayabas, * * * 
Luzon, * * * at a time then, as now, of insurrection, * * * (^id unlawfully, 
willfully, and feloniously, in the nighttime, break and enter into the dwelling house 
of Feliz Pascos, a native, * * * and said Victor Sabeseda, being then and there 
within said house, did assault, strike, beat, and bruise Feliz Paseos, and did burn 
Julia Arena with fire and did cut and burn ^Mariano Abolencia and Juan Abolencia, 
* * * being within said house, and the said Victor Sabeseda did rob and by force 



70 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

and violence take from said Feliz Paseos and Julia Arena six centimos of the value 
of six centimos, and fourteen packages of cigarettes of the value of two pesetas, of the 
property of the said Feliz Paseos and Julia Arena. This at the place above specified, 
at about 4 o'clock a. ni., on or about the 14th day of June, 1900." 

Charge IL — "Assault with intent to kill." 

Specification. — "In that Victor Sabeseda, a native Filipino, in company with others 
whose names are unknown, at the barrio of Lalo, pueblo of Tayabas, province of 
Tayabas, Luzon, * * * at a time then, as now, of insurrection, * * * did 
unlawfully, willfully, feloniously, and maliciously make an assault upon Cirapion 
Jabin with the felonious intent * * * to kill and murder him, the said Cirapion 
Jabin, by shooting at the said Cirapion Jabin with a gun loaded with powder and 
ball then and there had and held by the said Victor Sabeseda in his hands. This at 
the place above specified, at about 8 o'clock p. m., on or about the 12th day of May, 
1900. 

Charge III. — "Arson." 

Specification. — "In that Victor Sabeseda, a native Filipino, in company with others 
whose names are unknown, at the barrio of Lalo, pueblo of Tayabas, * * * Luzon, 
* * * at a time then, as now, of insurrection, * * * did unlawfully, willfully, 
and feloniously set fire to and burn the dwelling house of Prudencio Jaben, a native 
Filipino. This at the place above specified, at about 8 o'clock p. m., on or about the 
12th day of May, 1900." 

Charge IV. — "Robbery." (Four specifications based upon the same state of facts 
found in specifications one, two, three, and four of the first charge.) 

Charge V. — "Assault with intent to do great bodily harm." (Four specifications 
based upon the same state of facts found in specifications one, two, three, and four of 
the first charge. ) 

Pleas. — To the first specification, first charge, "not guilty." To the second speci- 
fication, first charge, "not guilty." To the third specification, first charge, "not 
guilty." To the fourth specification, first charge, "not guilty." To the first charge, 
"not guilty." To the specification, second charge, "not guilty." To the second 
charge, "not guilty." To the specification, third charge, "not guilty." To the 
third charge, "not guilty." To the fourth charge and its specifications, "not 
guilty." To the fifth charge and its specifications, "not guilty." 

Findings. — Of the first specification, first charge, "guilty." Of the second speci- 
fication, first charge, "guilty, except of the word 'bolo' and substituting therefor 
the words 'split pieces of cane with sharp edges,' of the excepted word not guilty, 
and of the substituted words guilty, and also except the words 'two pairs of trousers 
of the value of one peso ' and of said excepted words not guilty, and also except the 
words 'medio peso,' substituting therefor the words 'twenty-five cents Mex.' and 
of the excei)ted words not guilty, and of the substituted words guilty." Of the 
third specification, first charge, "guilty." Of the fourth specification, first charge, 
"guilty." Of the first charge, "gailty." Of the specification, second charge, 
"guilty." Of the second charge, "guilty." Of the specification, third charge, 
"guilty." Of the third charge, "guilty." Of the first specification, fourth charge, 
"guilty, except the Avords 'two pairs of trousers of the value of one peso' and of said 
excepted words not guilty, and also except the words ' medio peso ' and substituting 
therefor the words 'twenty-five cents Mex.' and of the excepted words not guilty, 
and of the substituted words guilty." Of the second, third, and fourth specifications, 
fourth charge, and of the fom'th charge, "guilty." Of the first, second, third, and 
fourth specifications, fifth charge, and of the fifth charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Victor Sabeseda, 
native, "to be confined at hard labor, at such place as the reviewing authority may 
direct, for seventeen years." 

In the foregoing case of Victor Sabeseda, native, it appears from the record that 
the accused was one of a band of armed prowlers who by force and violence entered 
the houses of poor and defenseless people and tortured them by tying strings and 
rags to their legs, then setting fire to said strings, burning their legs with lighted 
matches, scraping and wounding their shins and legs vdth sharp splinters or strips 
of wood until they were lacerated and bleeding, and by these cruelly ingenious 
methods extorted from their victims the disclosure of the hiding places of their 
small stores of money and valuables, robbing them of the same, and, in one instance, 
burning a house and shooting and wounding an inmate thereof. 

The sentence which was approved by the department commander on the 10th 
day of November, 1900, is confirmed, and will be duly executed at the Presidio de 
Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



CHAEGES OF CBXTELTY, ETC., TO FILIPINOS. 71 

Headquarters Division of the Philippines, 

Manila, P. I., December d, 1900. 
General Orders, No. 136. 

Before a military commission which convened at San Isidro, province of Zambales, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 110, Headquarters Depart- 
ment of Northern Luzon, August 15, 1900, and of which Major "William H. Bishop, 
36th Infantry, L^. S. Volunteers, was president, and Captain AVarren H. Ickis, 36th 
Infantry, V. S. Volunteers, was judge-advocate, were arraigned and tried: Marcelino 
Versosa, Narciso Garcia, Bentura Barcena, Gabriel Espenosa, and Estarvan Estrada, 
natives. 

Charc^e. — " Murder. ' ' 

Specification. — "In that they, Marcelino Versosa, Narciso Garcia, Bentura Barcena, 
Gabriel Espenosa and Estarvan Estrada, natives, and each of them, on or about April 
10, 1900, then, as now, a time of insurrection, at or near sitio Balangbang, of Dasol, 
province of Zambales, Luzon, P. I., a place then, as now, in the theater of active 
military operations, in company of, and consorting with, a band of armed outlaws to 
the number of ten (10), more or less, commanded and led by the said Versosa, did 
willfully, feloniously, and with malice aforethought kill and murder one Tito Balisilisa, 
a native, by shooting him, the said Balisilia, with guns, and stabbing him, the said 
Balisilisa, with bolos, held in the hands of the said Versosa, Garcia, Estrada, Barcena, 
Espenosa and others, members of said band, names unknown, inflicting wounds 
therewith, whereof he, said Balisilisa, then and there died." "This at the time 
and place above specified." 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 

Findings. — Of the specification, "guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, ]\Iarcelino Versosa, 
Narciso Garcia, Bentura Barcena, Gabriel Espenosa and Estarvan Estrada, natives, 
and each of them, "to be hanged by the neck until they, and each of them, are 
dead, at such time and place as the reviewing authority may direct, two-thirds of 
the members concurring therein." 

In the foregoing case of Marcelino Versosa, Narciso Garcia, Bentura Barcena, 
Gabriel Espenosa, and Estarvan Estrada, natives, who were jointly tried, it appears 
from the evidence that the deceased had been banished by the Spanish Government 
to the Caroline Islands; that by permission of the American authorities he returned 
in February, 1900, to his home in Uli and Avas, at the time of his death, making pre- 
parations for changing his place of residence to Dasol, which was occupied by Ameri- 
can troops. His apparent friendly relations with the American authorities appears 
to have given offense to these accused, who came together at night under the active 
leadership of Marcelino Versosa, and they, with five or six other men, armed with 
bolos and carrying among them a rifle and a pistol, proceeded to surround the house 
where the deceased was staying for the night, and threatening to burn the house, 
compelled him by force and fear to come out; when the deceased, attempting to 
escape by running, these accused followed, shot him down and inflicted upon his 
prostrate body fifteen or more bolo wounds, from which he immediately expired. 

The leading part taken by Marcelino Versosa, and the willing and active assistance 
of Bentura Barcena and Gabriel Espenosa, in this murder are convincingly set forth 
in the evidence. 

The sentences in the cases of Bentura Barcena, and Gabriel Espenosa are confirmed, 
but as these accused are under sentence of death for another murder, further action 
upon their sentences herein is indefinitely suspended. 

In the case of Marcelino Versosa and Estarvan Estrada, testimonials of good con- 
duct submitted by an officer of the army appear of record, showing that both these 
accused voluntarily surrendered to the military authorities, and" that the former 
influenced others to surrender with their arms. These facts move the final review- 
ing authority, in confirming their sentences, which were approved by the depart- 
ment commander on October 15, 1900, to mitigate each of the same to imprisonment 
at hard labor for the term of twenty (20) years. As thus mitigated, the sentences 
will be duly executed at the Presidio de Manila, to which place the prisoners will be 
sent under proper guard. 

In the case of Narciso Garcia, the evidence is too weak and inconclusive to connect 
the accused with this crime, and the findings and sentence in the case of this accused 
are therefore disapproved. 

By command of Major-Genera 1 Mc Arthur: 

Thomas H. Barry, 
Brigadier- General, V. S. Volunteers, Chief of Stqf. 



72 CHAKGES OF CRUELTY, ETC., TO EILIPIIs^OS. 

Headquarters Division of the Philippines, 

Manila, P. I., December 6, 1900. 
General Orders, No. 137. 

Before a military commission which convened at Lingaj'en, Province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 110, Headquarters Depart- 
ment of Northern Luzon, August 15, 1900, and of which Major William H. Bishop, 
36th Infantry, Tj . S. Volunteers, was president, and Capt. Warren H. Ickis, Thirty- 
sixth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried 
Marciliano Vergara, a native. 

Ch ARCiE. — ' ' Murder. ' ' 

Specification. — " In that INIarciliano Vergara, on or about the 5th day of December, 
1899, a time of insurrection, at or near the barrio of ^Nlapandel, pueblo of ]Manga- 
tarem, Province of Pangasinan, a place within the theater of active military opera- 
tions, in company of, and consorting with, Matias Alipio, Alejandro Bueno, Hipolito 
Bueno, Mateo Roberto, Mariano Roberto, did willfully, feloniously, and with malice 
aforethought kill and murder two American soldiers, names unknown, then and 
there held as prisoners in the custody of Estevan Sison, by stabbing and cutting the 
said two American prisoners, names unknown, with weapons commonly known as 
bolos, held in the hands of the said Matias Alipio, Alejandro Bueno, Hipolito Bueno, 
Mateo Roberto, Mariano Roberto, and each of them, inflicting wounds whereof the 
said two American j^risoners, names unknown, and each of them, then and there 
died ; the said Marciliano Vergara being then and there present at the murder. This 
at the times and places above specifiecl." 

Pleas. — To the specification, "not guilty." To the charge, "not guilty." 

FindinctS. — Of the specification, "guilty, except the words 'Estevan Sison,' substi- 
tuting therefor the words ' said Marciliano Vergara,' of the excepted Avords not guilty, 
and of the substituted words guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Marciliano Vergara, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of ]Marciliano Vergara, native, it appears from the evidence 
that upon the approach of the American forces to Mangatarem, two Americans who 
were held as prisoners in that pueblo were committed to the care of the accused, 
apparently to be kept concealed in a neighboring barrio. It also appears that a 
semimilitary organization or militia had been organized by enrolling the "tribu- 
tantes" of the cabeza of this barrio, the cabeza regarding them as his soldiers but 
holding himself subject to the military authorities, represented in this instance by 
the accused, who was styled "major" and had authority to call these enrolled men 
together. The accused and his semi-soldiers wore no uniform, continued in their 
peaceful occupations, and came together only upon special call. In this manner it is 
evident that they had no special difficulty in concealing their identification as banded 
men; but it is plain from the evidence, the accused found his jorisoners a great 
embarrassment, as the near presence of the American forces threatened to make it 
impracticable for him to successfully conceal them and at the same time keep con- 
cealed his own status of guerrilla. Hence his resolution to murder his prisoners. 
Five of his followers agree in their testimony that, in obedience to the orders of the 
accused, they came together at an appointed place and, with bolos in their hands, 
hacked to death these two men, the accused standing by to witness the execution of 
his orders. Covering the dead bodies with grass, the band then dispersed, each man 
going his own way. 

To this mass of evidence, which is complete and convincing, the accused, beyond 
his bare word of denial, made no defense. 

The sentence, which was approved by the department commander on September 
24, 1900, is confirmed, and Avill be executed on the 28th day of December, A. D. 1900, 
at the pueblo of Mangatarem, province of Pangasinan, Luzon, P. I., under the 
direction of the commanding general, Department of Northern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Barrv, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., December 10, 1900. 
General Orders, No. 139. 

Before a military commission which convened at Binalonan, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters Depart- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 73 

ment of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, 
13th U. S. Infantry, was president, and First Lieut. Harvey W. Miller, 13th U. S. 
Infantry, was judge-advocate, were arraigned and tried: 

FeUciano LomaT)ao and Siinphcio Ohejo, natives. 

Charge L — "Assault and battery with intent to do bodily harm." 

Specification. — "In that they, Feliciano Lomabao and Simplicio Obejo, in company 
of, and consorting with, armed outlaws to the number of ten, more or less, did, in 
time of insurrection, enter the barrio of Xamipitan, pueblo of Binalonan, province of 
Pangasinan, P. I., a place then, as now, in the theater of military operations, and did 
unlawfully seize and conduct therefrom, with intent to do bodily harm, Roman 
Docosin, ^Nlaximino Tabaldo, Severino Prado, Maximo Sabarboro, and Dolores 
Dingli, natives, lawfullv residing in said barrio. This at the place above specified 
at about 10 p. m., Februarv 17, 1900." 

Charge II.— "Murder." . . .' 

Specificalion. — "In that they, Feliciano Lomabao and Simplicio Obejo, natives, in 
company of, and consorting with, armed outlaws to the number often, more or less, 
did willfully, feloniously, and with malice aforethought murder and kill Roman 
Docosin, Maximino Tabaldo, Severino Prado, Maximo Sabarboro, and Dolores Dingli 
by shooting them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with 
guns and stabbing them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, 
with lances and bolos held in the hands of the said Feliciano Lomabao and Simplicio 
Obejo and of the said outlaws, inflicting wounds therewith whereof they, the said 
Docosin, Tabaldo, Prado, Sabarboro, and Dingli then and there died. This in the 
time of insurrection, on or about February 17, 1900, at or near the barrio of Xami- 
pitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, in 
the theater of military operations." 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "notguiltv." To the second charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty, except the words 'by shoot- 
ing them, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli with guns,' and 
the words 'and Dingli;' and the words 'and Dingli;' of the excepted words not 
guilty." Of the second charge, "guilty." 

Sentence. — And the Commission does therefore sentence them, Feliciano Lomabao 
and Simplicio Obejo, natives, and each of them, " To be hung by the neck until they 
are dead, at such time and place as the reviewing authority may direct, two-thirds of 
the members concurring therein." 

In the foregoing case Feliciano Lomabao and Simplicio Obejo, natives, it aj^pears 
from the evidence that an armed body of ladrones, about thirty in number, entered 
the barrio of Xamipitan at night, and, taking four men and a woman by force and 
\-iolence from their homes, disappeard with them; that after search was made for the 
captives the bodies of all but the woman were, three days later, found shockingly 
mutilated and decaying in death. It further appears that these accused were active 
and cruel in taking captive these unoffending people and that no motive, other than 
robbery and a savage delight in taking life, appears to explain this act of wholesale 
murder. 

The sentences which were approved by the department commander on the 25th 
day of November, 1900, are confirmed and will be executed at the pueblo of Bina- 
lonan, province of Pangasinan, Luzon, P. I., on the twenty-first day of Decem- 
ber, A. D. 1900, under the direction of the commanding general. Department of 
Northern Luzon. 

II. Hermogenez Lorian and Tomas Caliboso, natives. 

Charge L — "Disturbing the peace." 

Specification. — "In that they, Tomas Caliboso and Hermogenez Lorian, natives, and 
each of them, in company of, and consorting with, a band of outlaws, armed with 
bolos and lances, seventy more or less in number, did enter the barrio of Cocald- 
iten, pueblo of Asingan, province of Pangasinan, Luzon, P. I., and did disturb 
the peace of the province by making an unlawful assault upon said barrio, put- 
ting peaceful and law-abiding citizens in fear of their lives. This at the place above 
specified, being then, as now, under the military authority of the United States, on 
or about the 12th day of November, 1899, a time then, as now, of insurrection against 
the United States Government." 

Charge II. — "Assault and battery." 

Specification — "In that they, Tomas Caliboso and Hermogenez Lorian, natives, and 
each of them, in company of, and consorting with, a band of outlaws, armed with 
bolos and lances, seventy more or less in number, did make an unlawful assault 



74 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

upon Cirapion Altre, Augustine Opina, Gregorio Rivera, Leonardo Victorio and 
Gervacio Ani'heta, and did then and there unlawfully, forcibly and feloniously seize 
and bind, against their will and did then and there beat, bruise and cut the said 
Altre, Rivera, Opina, Victorio, and Ancheta with the intent to do them serious 
bodily harm. This on or about the 12th day of November, 1899, a time then, as 
now, of insurrection against the United States Government, at or near the barrio of 
Cocalditen, pueblo of Asingan, Luzon, P. I., a place then, as now, in territory mider 
the military government of the United States." 

Chakge III. — "Forcible abduction." 

Spedfication. — "In that they, Tomas Caliboso and Hermogenez Lorian, natives, and 
each of them, in company of, and consorting with, a band of outlaws, armed with 
bolos and lances, seventy more or less in number, did feloniously and forcibly seize 
and carry away, against their will, the following persons, to wit: Gregorio Rivera, 
Leonardo Victorio, Augustine Opina, and Gervacio Ancheta and do continue to 
milawfully hold the said Rivera, Victorio, Opina, and Ancheta in captivity. This on 
or about the 12th day of November, 1899, a time then, as now, of insurrection against 
the United States Government, at or near the barrio of Cocalditen, province of 
Pangasinan, Luzon, P. L, a place then, as now, under the military authority of the 
United States and in territory occupied by the United States troops." 

Ch AEGE IV. — ' 'Murder. ' ' 

Specification. — "In that th^y, Tomas Caliboso and Hermogenez Lorian, natives, and 
each of them, in company of, and consorting with, a band of outlaws, armed with 
bolos and lances, seventy more or less in number, did willfully, feloniously, and with 
malice aforethought kill ana murder Cirapion Altre, native, by cutting and stabbing 
him, the said Altre, with bolos and lances held in the hands of the said Caliboso 
and Lorian and in the hands of said outlaws and of each of them, inflicting wounds 
therewith, whereof he, the said Altre, then and there died. This on or about the 
12th day of November, 1899, a time then, as now, of insurrection against the United 
States, at or near the barrio of Cocalditen, pueblo of Asingan, Luzon, P. L, a place 
then, as now, under the military authority of the United States and in territory 
occupied by U. S. troops." 

Pleas — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." To the specification, third charge, "not guilty." To the third 
charge, "not guilty." To the specification, fourth charge, "not guilty." To the 
fourth charge, "not guilty." 

Findings. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty." Of the second charge, 
"guilty." Of the specification, third charge, "guilty." Of the third charge, 
" guilt V." Of the specification, fourth charge, "guiltv." Of the fourth charge, 
"guilty." 

Sentence. — And the commission does therefore sentence the accused, Hermogenez 
Lorian, native, "To be hung by the neck until he is dead, at such time and place as 
the reviewing authority may direct, two-thirds of the members concurring therein." 

And the commission does therefore sentence the accused Tomas Caliboso, native, 
"To be confined at hard labor, at such place as the reviewmg authority may direct, 
for the period of twenty years." 

In the foregoing case of Hermogenez Lorian and Tomas Caliboso, natives, it appears 
from the evidence that one Cirapion Altre, presidente of the pueblo of Asingan, and 
a small party of men, women, and children had, through fear of the approach of 
American troops, fled from Asingan to the barrio of Cocalditen, and, while there, 
in hiding in a deserted house, were set upon in the nighttime by a band of armed 
outlaws, which had long infested the locality; that said outlaws seized the said Altre 
and four other men, bound them, and, with blows and w"Ounds of bolos and threats 
of death, drove them forth and so far fulfilled their threats that these men have 
never since been seen among the living, and have been dead to their families and 
friends. 

One of the refugee party, who escaped on the approach of the outlaws, testified 
that, from his near-by place of concealment, he witnessed these accused take part, 
with bolos and daggers in their hands, in striking to the ground Cirapion Altre, and 
that they and others thereafter inflicted many cutting and stabbing wounds upon his 
prostrate body, which long lay motionless after his murderers had left him for dead, 
and until, with the coming of morning, the witness fled in terror from the place. 

The testimony of this witness is supported in part by that of other witnesses, who 
were present when the band assailed the refugee party, recognized the accused among 
them, heard their threats of death and saw them beat, and, with bolos, wound the 
persons of the men they carried away. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 75 

The sentences, which were approved by the department commander on October 
19, 1900, are contirmed; but, m the case of Hermogenez Lorian, the sentence is mit- 
igated to confinement at hard labor for the period of his natural life; as mitigated, 
his sentence and that of Tomas Caliboso vrill be duly executed at the Presidio de 
Manila, to which place the prisoners A^'ill be sent under proper guard. 
By command of Major-General MacArthur. 

Thomas H. Baery, 
Brigadier-General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, December 10, 1900. 
General Orders, Xo. 140. 

Before a military commission which convened at Tayabas, Province of Tayabas, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 148, Headquarters Depart- 
ment of Southern Luzon, September 8, 1900, and of which Capt. Harrison S. Kerrick, 
30th Infantry, V . S. Volunteers, was president, and First Lieut. John W. C. Abbott, 
30th Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried Fran- 
cisco Ygamino, Ricardo Ygamino, and Miguel Abellanosa, natives. 

Charge I. — "Rape." 

Specification 1. — "In that Francisco Ygamino, Ricardo Ygamino, and Miguel Abella- 
nosa, native Filipinos, and each of them, in company with others whose names are 
unknown, at the barrio of Hibanga, pueblo of Tayabas, Province of Tayabas, Luzon, in 
territory then, as now, occupied by United States troops, and at a time then, as now, 
of insurrection against the lawful authority of the L^nited States, did unlawfully and 
feloniously have carnal knowledge of and ravish one Susana de Torres, a native 
Fili]3ino woman of about the age of 18 years, by means of force and agamst her will. 

"This at the place above specified at about 2 o'clock a. m. on or about the 10th 
day of July, 1900." 

Specification 2. — "In that Francisco Y'gamino, Ricardo Ygamino, and Miguel Abella- 
nosa, native Filipinos, and each of them, in company with others whose names 
are unknown, at the barrio of Hibanga, pueblo of Tayabas, Province of Tayabas, 
Luzon, in territory then, as now, occupied by United States troops, and at a time 
then, as now, of insurrection against the lawful authority of the United States, did 
unlawfully and feloniously have carnal knowledge of and ravish one Arcadia Rabina, 
a native Filipino woman of about the age of 17 years, by means of force and against 
her will. 

"This at the place above specified at about 2 o'clock a. m. on or about the 10th 
day of July, 1900." 

Charge II. — "Burglary." 

Specification 1. — "In that Francisco Ygamino, Ricardo Ygamino, and Miguel Abella- 
nosa, native Filipinos, and each of them, in company with others whose names are 
unknown, at the barrio of Hibanga, pueblo of Tayabas, Provmce of Tayabas, Luzon, 
in territory then, as now, occupied by United States troops, and at a time then, as 
now, of insurrection against the lawful authority of the Laiited States, did willfully, 
unlawfully, and feloniously, in the nighttime, break and enter into the house of 
Feliz Daelo, a native Filipino, with the felonious intent to take, steal, and carry 
away goods, chattels, and personal property from within said house, and to have 
carnal knowledge of, and to carnally know and ravish, the women who might be 
within said house forcibly and against their will. And the said Francisco Ygamino, 
Ricardo Ygamino, and ]\Iiguel Abellanosa did take, steal, and carry away from 
within said house thirty pesos Mexican silver of the value of thirty pesos, of the 
property of the said Feliz Daelo. 

"This at the place above specified at about 2 o'clock a. m. on or about the 10th 
day of July, 1900." 

Charge HI.—' ' Robbery. ' ' 

Specificatio)} 1. — "In that Francisco Ygamino, Ricardo Ygamino, and ^liguel Abella- 
nosa, native Filipinos, and each of them, in company with others whose names are 
unknown, at the barrio of Hibanga, pueblo of Tayabas, Province of Tayabas, Luzon, 
in territory then, as now, occupied by Ignited States troops, and at a time then, as 
now, of insurrection against the lawful authority of the L'nited States, did unlawfully 
and feloniously make an assault upon one Juan Daelo, a native Filipino, and by 
means of force and violence did rob and take from his person property belonging to 
him, to wit: 62 centimos of money of the value of 62 centimos and 1 camisa of the 
value of 1 peso, and did at the same time strike, beat, bruise, and wound the said 



76 CHARGES OF CEUELTY, ETC, TO FILIPINOS. 

Juan Daelo, by beating him with guns and bolos and by tying him and hanging him 
and choking him with a rope. This at the place above specified at about 2 o'clock 
a. m. on or about the 10th day of July, 1900." 

Specification 2. — "In that Francisco Ygamino, Ricardo Ygamino, and Miguel Abel- 
lanosa, native Filipinos, and each of them, in company with others whose names are 
unknown, at the barrio of Hibanga, pueblo of Tayabas, province of Tayabas, Luzon, 
in territory then, as now, occupied by United States troops, and at a time then, as 
now, of insurrection against the lawful authority of the United States, did unlaw- 
fully and feloniously make an assault upon one Feliz Daelo, a native Filipino, and by 
means of force and violence did rob and take from his person property belonging to 
him, to wit, 30 pesos Mexican silver of the value of 30 pesos, and did at the same 
time strike, beat, bruise, and wound the said Feliz Daelo by beating him with guns 
atid bolos, and by tying, hanging, and choking him with a rope. This at the place 
above specified at about 2 o'clock a. m. on or about the 10th day of July, 1900." 

Specification 3. — "In that Francisco Ygamino, Ricardo Ygamino, and Miguel Abel- 
lanosa, native Filipinos, and each of them, in company with others whose names are 
unknown, at the barrio of Hibanga, pueblo of Tayabas, province of Tayabas, Luzon, 
in territory then, as now, occupied by LTnited States troops, and at a time then, as 
now, of insurrection against the lawful authority of the United States, did unlaw- 
fully and feloniously make an assault upon one Modesto Abas, a native Filipino, and 
by means of force and violence did rob and take from his person property belonging 
to him, to wit, 2\ pesos Mexican silver of the value of 2J pesos, and did at the same 
time strike, beat, bruise, and wound the said Modesto Abas, by beating him with 
guns and by tying, hanging, and choking him with a rope. This at the place above 
specified at about 2 o'clock a. m. on or about the 10th day of July, 1900." 

Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- 
cation, first charge, "not guilty;" to the first charge, "not guilty;" to the specifica- 
tion, second charge, "not guilty;" to the second charge, "not guilty;" to the first 
specification, third charge, "not guilty;" to the second specification, third charge, 
"not guilty;" to the third specification, third charge, "not guilty;" to the third 
charge, "not guilty." 

Findings. — Of the first specification, first charge, " Francisco Ygamino and Ricardo 
Ygamino, and each of them, not guilty, and Miguel Abellanosa, guilty." Of the 
second specification, first charge, "Francisco Ygamino and Ricardo Ygamino and 
Miguel Abellanosa, and each of them, not guilty." Of the first charge, "Francisco 
Ygamino and Ricardo Ygamino, and each of them, not guilty, and Miguel Abella- 
nosa, guilty." Of the specification, second charge, "guilty, except of the words 
* and to have carnal knowledge of and to carnally know and ravish the women who 
might be within said house forcibly and against their will ' as applied to Francisco 
Ygamino and Ricardo Ygamino, and of said words the said two defendants not guilty. 
4.nd also except the words '30 pesos Mexican silver of the value of 30 pesos,' sub- 
stituting therefor the words ' 20 pesos Mexican silver of the value of 20 pesos,' and of 
the excepted words not guilty, and of the substituted words guilty." Of the second 
charge, "guilty." Of the first specification, third charge, " guilty, except of the 
words ' 1 peso, ' substituting therefor the words ' 62 centimos, ' of the excepted words 
not guilty, and of the substituted words guilty ; and also except the words ' and 
hanging him and choking him,' and of these excepted words not guilty." Of the 
second specification, third charge, "guilty, except the words ' hanging and choking,' 
and of the excepted words not guilty." Of the third specification, third charge, 
"guilty, except the words 'hanging and choking,' and of the excepted words not 
guilty." Of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence them as follows: The said 
Francisco Ygamino and Ricardo Ygamino, and each of them, "To be confined at 
hard labor, at such place as the reviewing authority may direct, for the period of six 
years;" and the said Miguel Abellanosa, "To be confined at hard labor, at such 
place as the reviewing authority may direct, for the period of twenty years." 

In the foregoing case of Francisco Ygamino, Ricardo Ygamino, and Miguel Abel- 
lanosa, natives, who were jointly tried, the evidence conclusively shows that a band 
of about 20 outlaws, armed with guns and bolos, did by force and violence gain 
entrance to the house of one Feliz Daelo, as charged, rob the inmates of money and 
valuables, and that these accused were there present and participated in these acts 
of burglary and robbery; and that, of the accused, the said Miguel Abellanosa did 
have carnal knowledge of one of the women inmates of said house with brutal vio- 
lence and against her will. 

The sentences in the case of Francisco Ygamino and Ricardo Ygamino are being 
executed under the orders of the department commander. ' 

The sentence in the case of Miguel Abellanosa, which was approved by the depart- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 77 

inent commander on November 6, 1900, is confirmed, and will be duly executed at 
the Presidio de Manila, to which place the prisoner will be sent under proper guard. 
By command of Major-General Mac Arthur: 

Thomas H. Barry, 

Brigadier-General, U.S. Vohinteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I. , December 13, 1900. 
General Orders, No. 142. 

Before a military commission which convened at Tayabas, Province of Tayabas, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 148, Headquarters Depart- 
ment of Southern Luzon, September 8, 1900, and of Avhich Captain Harrison S. Ker- 
rick, 30th Infantry, LT. S. Volunteers, was president, and 1st Lieutenant John W. C. 
Abbott, 30th Infantry, U. S. Vols., was judge-advocate, were arraigned and tried 
Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, 
natives. 

Charge I. — " Murder." 

Specification 1. — " In that Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose 
Ropa, and Miguel Cantal, native Filipinos, and each of them, at the pueblo of Unisan, 
province of Tayabas, Luzon, in territory then, as now, occupied by United States 
troops, and at a time then, as now, of insurrection against the lawful authority of the 
United States, did willfully, feloniously, and with malice aforethought, kill and mur- 
der Gabriel Castillo, a native Filipino, by beating the said Gabriel Castillo with 
clubs, and by cutting and striking said Gabriel Castillo with bolos, then and there 
had and held by the said Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose 
Ropa, and Miguel Cantal, in their hands, thereby inflicting wounds of which the 
said Gabriel Castillo then and there died. This at the place above specified, about 

8 o'clock p. m., on or about June 7, 1900." 

Specification 2. — " In that Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose 
Ropa, and Miguel Cantal, native Filipinos, and each of them, at the pueblo of Uni- 
san, province of Tayabas, Luzon, in territory then, as now, occupied by United 
States troops, and at a time, then, as now, of insurrection against the lawful authority 
of the United States, did willfully, feloniously, and with malice aforethought, kill 
and murder Feliciano Maxino, a native Filipino, by beating the said Feliciano Max- 
ino with clubs, and by cutting and striking said Feliciano Maxino with bolos, then 
and there had and held by said Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, 
Jose Ropa, and Miguel Cantal, in their hands, thereby inflicting wounds of which 
said Feliciano Maxino then and there died. This at the place above specified, about 

9 o'clock p. m., on or about June 7, 1900." 

• Specification 3. — "In that Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose 
Ropa, and Miguel Cantal, native Filipinos, and each of them, at the barrio of Santol, 
pueblo of Unisan, province of Tayabas, Luzon, in territory then, as now, occupied 
by United States troops, and at a time then, as now, of insurrection against the law- 
ful authority of the L^nited States, did willfully, feloniously, and with malice afore- 
thought, kill and murder Jermana del Castillo (wife of Antonio Maxino), Flotilde 
Maxino, Antonio Maxino (junior), Manuel Maxino, and Cecilio Maxino, all native 
Filipinos, by beating the said Jermana del Castillo, Flotilde Maxino, Antonio Maxino, 
Manuel Maxino, and Cecilio Maxino with clubs, and by cutting and striking said 
Jermana del Castillo, Flotilde Maxino, Antonio Maxino, Manuel Maxino, and Cecilio 
Maxino with bolos, the]i and there had and held by said Eliseo Adulta, Pedro Mer- 
cadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal in their hands, thereby 
inflicting wounds of which the said Jermana del Castillo, Flotilde Maxino, Manuel 
Maxino, and Cecilio Maxino, and each of them, then and there died. This at the 
place above specified, about 10 o'clock a. m., on or about June 10, 1900." 

Pleas. — To the first specification, "not guilty;" to the second specification, "not 
guilty;" to the third specification, "not guilty;" to the charge, "not guilty." 

Findings. — Of the first specification, ' * guilty ; " of the second specification, ' ' guilty ; ' ' 
of the third specification, "guilty, except of the words '10 o'clock a. m.,' substitut- 
ing therefor the words '2 o'clock p. m.;' of the excepted words, not guilty, and of 
the substituted words, guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Eliseo Adulta, 
Pedro Mercadejos, Fausto Avellado, Jose Ropa, and Miguel Cantal, native Filipinos, 
and each of them, "to be hung by the neck until dead, at such time and place as 
the reviewing authority may direct, two-thirds of the members of the commission 
concurring in this sentence." 



78 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

In the foregoing case of Eliseo Adulta, Pedro Mercadejos, Fausto Avellado, Jose 
Ropa, and ]\Iiguel Cantal, natives, who were jointly tried, it appears from the record 
that a band of outlaws entered the pueblo of Unisan and with bolos proceeded to 
murder Gabriel Castillo, the father-in-law, and Feliciano Maxino, a nephew, of 
Antonio ]\Iaxino, and to kidnap his family, consisting of his wife, daughter of 14 
years, and three sons, one aged 11 and one 4 years and an infant aged 5 months; 
that they robbed his house of all the money and valuables they could find; that a 
few days later, in a secluded spot in the forest, the mother and helpless children 
w^ere murdered with clubs, with which the accused and other members of the band 
beat out their brains; that the mother was then buried in a shallow trench, and the 
bodies of the children were folded up and forced into two other small, shallow^ holes, 
and all loosely covered with earth, wood, and leaves. 

It is clearly revealed by the evidence that while Antonio Maxino was absent, a 
prisoner in the hands of the American troops, and his home, as a consequence, left 
without his protection, this band of assassins practically exterminated his family, 
not sparing the unoffending wife, innocent maid, nor helpless infant. 

All the accused save Eliseo Adulta admit their participation in this crime, but 
claim either that they did not deliver any fatal blows upon their victims or were 
present with the band from compulsion. But the evidence of many witnesses proves 
beyond a reasonable doubt that they were willing and principal actors in these mur- 
ders, and all agree that, of the accused, Eliseo Adulta planned and was present and 
directed the horrible details of their execution. 

In the cases of Pedro Mercadejos and Miguel Cantal, death intervened on the 21st 
day of November, 1900. 

The sentences, which were approved by the department commander on November 
5, 1900, are confirmed, and in the cases of Eliseo Adulta, Fausto Avellado, and Jose 
Ropa will be duly executed at the pueblo of Tayabas, province of Tayabas, Luzon, 
P. L, on the twenty-eighth (28th) day of December, A. D. 1900, under the direction 
of the commanding general. Department of Southern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 
General Orders, No. 143. Manila, P. I., December 13, 1900. 

Before a military commission which convened at Iba, province of Zambales, Luzon, 
P. I., pursuant to paragraph 4, Special Orders, No. 143, Headquarters Department 
of Northern Luzon, September 23, 1900, and of which Captain Harry A. Leonhaeu- 
ser, 25th U. S. Infantry, was president, and 2d Lieutenant Harol D. Coburn, 25th 
U. S. Infantry, was judge-advocate, was arraigned and tried Francisco Frani (alias 
Quicoy Frani), native. 

Charge. — ' ' Murder. ' ' 

Specification 1. — "In that Francisco Frani (alias Quicoy Frani), a native and leader 
of an armed band of natives, did willfully, feloniously and with malice aforethought, 
kill and murder Sotero Mari, Andrea Mari (a woman), and Ramon Misola, by stab- 
bing them with bolos held in the hands of a member or members of said band, 
inflicting wounds therewith w^hereof the said Sotero Mari, Andrea Mari, and Ramon 
Misola then and there died. This at or near Muli, ' sitio ' of Infanta, Zambales 
Province, P. I., a place then, as now, under the military government of the L^nited 
States, on or about April 18, 1900, then, as now, a time of insurrection against the 
lawful authority of the United States." 

Specification 2. — "In that Francisco Frani (alias Quicoy Frani), a native and leader 
of a band of natives, did willfully and feloniously and with malice aforethought kill 
and murder Augustin Medina, a native, and one Badel, a Spaniard, by stabbing them 
with bolos held in the hands of members of said band, inflicting wounds therewith, 
whereof the said Medina and Badel then and there died. This at or near Binaba- 
lian, a barrio of Candelaria, Zambales Province, P. I., a place then, as now, under 
the military government of the United States, on or about February 4, 1900, then, 
as now, a time of insurrection against the lawful authority of the United States." 

Pleas. — To the first specification, not guilty; to the second specification, not 
guilty; to the charsje, not guilty. 

Findings. — Of the first specification, not guilty; of the second specification, guilty; 
of the charge, guilty. 

Sentence. — And the commission does, therefore, sentence him, Francisco Frani 
(alias Quicoy Frani), "To be hanged by the neck until he is dead, at such time and 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 79 

place as the reviewing authority may direct, two-thirds of the members of the com- 
mission concurring therein." 

In the foregoing case of Francisco Frani (aUas Quicoy Frani) , native, many wit- 
nesses testify that the accused gave the order to kill two peaceful men, and, in pur- 
suance of his said order, these men were killed and buried. Before the commission 
trying him the accused admitted that he did cause the death of these men and 
among other things said: 

"The killing of the two prisoners, Medina and Badel, was done pursuant to a 
general order from General San Miguel. This order was to the effect that those 
prisoners who had committed acts against the Filipino Republic should be killed. 
* * * I was simply carrying out the orders of my superior officer. General San 
Miguel. I had no discretion whatever. If I had not carried out these orders, I 
should have been killed myself. ' ' 

The accused could not, however, produce written orders from his superiors to do 
this murder, nor was he able, although he made the attempt, to support his state- 
ments by the testimony of others. Whether or not the accused murdered these men 
in obedience to orders from his superior or upon his own unprompted will is not, 
however, material. It is a principle of law, long recognized by all civilized and peace- 
loving people, that no man shall deliberately kill another who is a prisoner, as were 
the deceased at the time they were murdered, unless such killing be done under an 
"imperative dutj' prescribed by law," such as the execution of one found guilty of a 
capital crime by a court of competent criminal jurisdiction and sentenced to suffer 
death by execution. In this instance the deceased, who appear to have been peace- 
abiding men, were first unlawfully deprived of their liberty, and withour the sanc- 
tion of either the laws of war or of peace, and while bound and helpless, were 
deliberately put to death. 

The defense of the accused that, unless he had killed these men, his superiors in 
authority over him would have taken his life, is, in the first place, not borne out by 
the evidence, and, in the second place, is not good in law which does not suffer that 
one man, through fear of a remote danger to his own life, shall obey the unlawful 
commands of another to kill peaceful and law-abiding men. 

The sentence which was approved by the department commander on Xovember 26, 
1900, is confirmed, and will be duly executed at the pueblo of Dasol, province of Zam- 
bales, Luzon, P. I., on the 28th day of December, A. D. 1900, under the direction of 
the commanding general. Department of Northern Luzon. 

By command of 3Iajor-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, December 22, 1900. 
General Orders, No. 147. 

Before a military commission which convened at Gerona, Province of Tarlac, 
Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 193, headquarters Depart- 
ment of Northern Luzon, November 9, 1900, and of which ]Major Henry C. Ward, 
12th U. S. Infantry, was president, and 1st Lieutenant George H. Shields, jr., 12th 
L"". S. Infantry, v\as judge-advocate, were arraigned and tried: Doroteo Noul, Ciriaso 
Francisco, Hilario Francisco, Hilario Cariaga, Marcos Millo, Juan Ramen, Basilio 
Sapin, Fernando Mellado, Cornileo Sales, Manuel Paray, ^Mariano Taboctaboc, Feli- 
ciano Domingo, Lucas Obligado, and Felipe Guimba, natives. 

Charge. — " Raiding, in violation of the laws and usages of war." Specifica- 
tion. — "In that Doroteo Noul, Ciriaso Francisco, Hilario Francisco, Hilario Cariaga, 
Marcos ^Nlillo, Juan Ramen, Basilio Sapin, Fernando Mellado, Cornileo Sales, Manuel 
Paray, Mariano Taboctaboc, Feliciano Domingo, Lucas Obligado, and Filipe Guimba, 
natives, and each of them, in territory occupied by United States troops, and at a 
time then, as now, of insurrection against the lawful authority of the United States, 
without being part or portion of any organized hostile army, and without sharing 
continuously in the insurrection, but living habitually at their homes, following 
peaceful avocations without the character or appearance of soldiers, did constitute 
themselves a band of armed prowlers, armed with bolos, and did tear up the rail- 
road track, a public highway over which United States troops, supplies, and mails 
are and were habitually transported, and did cut the telegraph wires in habitual use 
by the United States military authorities for the transaction of public business." 

"This in the night time, on or about October 14, 1900, at or near the barrio of 



80 CHARGES OF CRUELTY, ETC., TO FILIPII^OS. 

Caburag, between or near the 134th and 135th kilometer posts on the Manila and 
Dagupan Railway, Island of Lnzon, Philippine Islands." 

Pleas. — To the specification, "gnilty." To the charge, "gnilty." 

Findings. — Of the specification, "guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them," Doroteo Noul, 
Ciriaso Francisco, Hilario Francisco, Hilario Cariaga, Marcos Millo, Juan Ramen, 
Basilio Sapin, Fernando Mellado, Cornileo Sales, Manuel Paray, Mariano Taboctaboc, 
Feliciano Domingo, Lucas Obligado, and Felipe Guimba, natives, and each and every 
one of them, "To be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members of the commission 
concurring." 

In the foregoing cases of Doroteo Noul, Ciriaso Francisco, Hilario Francisco, 
Hilario Cariaga, Marcos Millo, Juan Ramen, Basilio Sapin, Fernando Mellado, Cor- 
nileo Sales, Manuel Paray, Mariano Taboctaboc, Feliciano Domingo, Lucas Obligado, 
and Felipe Guimba, natives, who were jointly tried, they all pleaded guilty of par- 
ticipation with a band of armed prowlers — twenty more or less — which tore up the 
railroad track and cut the telegraph line in the manner alleged. Through their 
leader and spokesman they ' ' asked for the mercy of the commission, as what they 
had done did not originate with them, but that they simply carried out orders." 

From the evidence of one who assembled these accused and conveyed to them the 
order to commit this offense, it appears that said order came from high insurgent 
authority and was conveyed with the threat that if the order was not carried out 
these accused " would all be killed and their barrios burned." 

But these accused lived within territory fully occupied and protected by the Ameri- 
can army, and, had they been so disposed, could have asked and would have received 
protection from the murderous threats of any and all of the irresponsible chiefs of 
banditti. It makes no difference in law whether these chiefs have ladrones, "tuli- 
sans," guerrillas, or insurrectos as their followers; all alike are exercising unlawful 
authority, and no man can justify himself before the law for committing robbery, 
murder, or any high crime in obedience to the unlawful orders of these self-appointed 
chiefs. It is high time these accused and all the people of these islands began to 
learn the lesson that a rule under wise and just laws is being instituted in these 
islands and that the rule of the bloody-handed chiefs of banditti must cease. 

Under the laws of war, armed prowlers whether they permanently reside within 
or, residing elsewhere, steal within the lines of an occupying army, and there "rob, 
kill, tear up the railway track, destroy bridges, or cut telegraph wires, are not 
entitled to the privileges of prisoners of war," and may be summarily executed. 

In approving the sentence under date of December 8, 1900, the department com- 
mander recommended that the sentence of death be mitigated to confinement at hard 
labor for the period of fifteen years, and accompanied his said recommendation with 
the following remarks: "This recommendation is made in consideration, as shown in 
the record in this case, of the ignorance of these half-civilized natives, and their 
abject fear of the robbers and murderers who are committing crimes under the guise 
of resistance to the authority of the L^nited States in these islands." 

While the commanding general accepts the recommendation made, it must be 
clearly understood that these accused owe their lives to an act of grace on the part of 
the reviewing authority, and that like mercy will not be shown to any who in the 
future tear up the railways or cut the telegraph wires. If caught in the act they shall 
be summarily executed; and all those who order or cause the same to be done or 
connive at or secretly aid and assist therein will take warning that regard for the 
helpless and noncombative population who use the railroads and whose lives are put 
in jeopardy by the destruction of its bridges and disturbance of the rails, as also 
most urgent military necessity, will make unavoidable the unrelenting execution of 
the death penalty upon all those who in future are found guilty thereof. 

The sentences are confirmed, but upon the recommendation of the department 
commander are mitigated in each case to imprisonment at hard labor for the term 
of fifteen (15) years, and as thus mitigated will be duly executed at the presidio de 
INIanila, to which place the prisoners will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Baery, 
Brigddler-General, U. S. Volunteers, Chief of Staff. 



Headquartees Division of the Philippines, 

Manila, P. I., December 22, 1900. 
General Orders, Xo. 148. 

Before a military commission which convened at Sara, Panay, P. I., pursuant to 
paragraph lY, Special Orders, No. 165, Headquarters Department of the Visayas, 



CHARGES OF CRUELTY, ETC., TO FILIPIJSIOS. 81 

October 7, 1901, and of which Maj. Frank A. Cook, 26th Infantry, U. S. Vohmteers, 
was president, and Captain WilKam Tntherly, 26th Infantry, U. S. Volunteers, was 
judge-advocate, was arraigned and tried: Perfecto PobJador, native. 

Charge I. — " Instigating an assauh." 

Specification 1. — "In that, on or about the 13th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of Ylo, in the district of Concep- 
cion, island of Panay, P. I., a place then, as now, a part of the territory of the United 
States, and under its military government, one Perfecto Poblador, a native, having 
previous to the said 13th day of June, A. D. 1900, to wit, on the 4th day of March, 
1900, voluntarily taken and subscribed to the oath of allegiance to the United States, 
did organize a band of armed outlaws to the number of 20, more or less, and did 
instigate, plan, and direct a violent assault to be made by the said band of outlaws 
upon certain citizens of the pueblo of Conception, in the said province of Concepcion, 
as follows, to wit: By then and there firing three shots, more of less, from a rifle or 
rifles, held in the hands of members of said band of outlaws, into the dwelling house 
of one Laureano Pindon, which said house was then and there occupied by the mem- 
bers of the household of the said Laureano Pindon, to wit: By Catalina, the wife of 
the said Laureana Pindon, Sotera de la Pindon, Martino Belo, and others, names 
unknown." 

Specification 2. — "In that, on or about the 13th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of Ylo, in the district of Concep- 
cion, island of Panay, P. I., a place then, as now, a part of the territory of the United 
States, and under its military government, one Perfecto Poblador, a native, having 
previous to the said 13th day of June, A. D. 1900, to wit, on the 4th day of March, 
1900, voluntarily taken and subscribed to the oath of allegiance to the United States, 
did organize a band of armed outlaws to the number of 20, more or less, and did 
instigate, plan, and direct a violent assault to be made by the said band of armed 
outlaws upon one Catalina Pindon, the wife of Laureano Pindon, and a resident of 
the pueblo of Concepcion, in the said province of Concepcion, by then and there 
striking and beating the said Catalina Pindon with a bolo, held in the hands of a 
member of the said band of armed outlaws, with the intent then and there to compel 
the said Catalina Pindon to reveal the whereabouts of certain moneys supposed to be 
concealed in the house of the said Laureana Pindon, and the property of the said 
Laureana Pindon." 

Charge II. — "Instigating and directing an assault with intent to kill." 

Specification. — "In that, on or about the 13th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of Ylo, in the district of Concep- 
cion, island of Panay, P. I., a place then, as now, a part of the territory of the L"^nited 
States, and under its military goyernment, one Perfecto Poblador, a native, having 
previous to the said 13th day of June, A. I). 1900, to wit: on the 4th day of March, 
1900, voluQtarily taken and subscribed to the oath of allegiance to the United States, 
did organize a band of armed outlaws to the number of 20, more or less, and did 
instigate, plan, and direct a violent assault to be made by the said band of armed 
outlaws upon certain citizens of the pueblo of Concepcion, in the said province of 
Concepcion, as follows, to wit: Upon the persons of Laureano Pindon and Tranquilino 
Longno, with guns held in the hands of the members of the said band of armed out- 
laws, and which said guns were fired at the said Laureano Pindon and Tranquilino 
Longno, by the members of the said band of armed outlaws, with the intent then 
and there Avillfully, feloniously, and with malice aforethought to kill and murder the 
said Laureana Pindon and Tranquilino Longno." 

Charge IIL— "Robbery." 

Specification 1. — "In that, on or about the 13th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of Ylo, in the District of Concep- 
cion, island of Panay, P. I., a place then, as now, a part of the territory of the United 
States and under its military government, one Perfecto Poblador, a native, having 
previous to the said 13th day of June, A. D. 1900, to wit, on the 4th day of oNIarch, 
1900, having voluntarily taken and subscribed to the oatli of allegiance to tlie United 
States, and having organized an armed band of outlaws to the number of 20, more or 
less, did instigate, direct and cause this said band of armed outlaws to unlawfully enter 
the dwelling house of one Laureano Pindon, a native, which said liouse was situated 
in the pueblo of Concepcion, in the said province of Conce]icion, and to then and there 
violently and forcibly take, steal and carry away from said house and from the prem- 
ises of the said Laureano Pindon the following to wit. Jewelry of the value of §500; 
gold and silver coin of the value of 8500; clothing of the value of $400; one rifle of 
the value of §50; tobacco of the vahie of $25; wines of the value of $20; and 24 cara- 
boas of the value of $760; and of the total value of $2,255 in Mexican currency, and 
which said articles so taken and stolen as aforesaid were thereafter, to wit, on or 

S. Doc. 205, pt 2 6 



82 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

about the 13th day of June, A. D. 1900, received by the said Perfecto Poblador, at 
the dweUing house of the said Perfecto Poblador, in the said barrio of Ylo, from the 
members of the said band of armed outlaws so organized as aforesaid, and by him 
converted to his, the said Poblador's, own use and the use of members of said band. 

Specification 2. — "In that, on or about the 13th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of Ylo, in the District of Concepcion, 
island of Panay, P. I., a place then, as now, a part of the territory of the United States 
and under its militarj' government, one Perfecto Poblador, a native, having previous to 
the said 13th day of June, A. D. 1900, to wit, on the 4th day of March, 1900, voluntarily 
taken and subscribed to the oath of allegiance to the United States, and having 
organized a band of armed outlaws to the number of 20, more or less, did instigate, 
direct and cause this said band of armed outlaws to unlawfully enter the dwelling 
house of one Tranquilino Longno, a native, and which said house was situated in the 
pueblo of Concepcion, in the said province of Concepcion, and to then and there 
violently and forcibly take, steal and carry away from said house and from the 
premises of the said Tranquilino Longno the following, to wit: Twenty cabanes of 
rice of the value of $100; jewelry to the value of |100; silver currency amounting to 
$250; clothing contained in 6 boxes of the value of |600; tobacco of the value of $50; 
and 9 caraboas of the value of $315; all of the aforesaid values being in Mexican cur- 
rency, and the total value of the articles and caraboas so taken as aforesaid being 
$1,415, Mexican currency, and which said articles so taken and stolen as aforesaid 
were thereafter, to wit, on or about the said 13th day of June, 1900, received by the 
said Perfecto Poblador at the dwelling house of the said Perfecto Poblador, in the said 
barrio of Ylo, from the members of the said band of armed outlaws so organized as 
aforesaid, and by him converted to his, the said Poblador's, own use and the use of 
members of said band." 

Charge IV. — "Receiving stolen property." 

Specification. — "In that, on or about the 13th day of June, A. D. 1900, then, as now, 
a time of insurrection, at or near the barrio of Ylo, in the District of Concepcion, 
island of Panay, P. I., a place then, as now, a part of the territory of the United States 
and under its militarv government, one Perfecto Poblador, a native, having previous 
to the said 13th day of June, A. D. 1900, to wit, on the 4th day of March, 1900, vol- 
untarily taken and subscribed to the oath of allegiance to the United States, and 
having organized a band of armed outlaws to the number of 20, more or less, and the 
said band of armed outlaws, so organized as aforesaid, having taken, stolen and car- 
ried away from the pueblo of Concepcion, in the said i:)rovince of Concepcion, certain 
property, to wit, jewelry, currency, clothing, tobacco, wines, caraboa, rice, and one 
rifle, belonging to and owned by certain citizens of the said pueblo of Concepcion, 
to wit, Laureano Pindon and Tranquilino Longno, and of the value of $3,670, more 
or less, did, at the dwelling house of the said Perfecto Poblador, in the said barrio of 
Ylo, receive from and distribute to and among the members of the said band of 
armed outlaws, in whole or in part, the said property so taken, stolen, and carried 
away as aforesaid." 

Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- 
cation, first charge, "not guilty;" to the first charge, "not guilty;" to the specifica- 
tion, second charge, "not guilty;" to the second charge, "not guilty;" to the first 
specification, third charge, "not guilty;" to the second specification, third charge, 
"not guilty;" to the third charge, "not guilty;" to the specification, fourth charge, 
" not guilty;" to the fourth charge, " not guilty." 

Findings. — Of the first specification, first charge, "guilty, except the word 
' organize,' substituting therefor the word 'collect,' of the excepted word, not guilty, 
and of the substituted word guilty." Of the second specification, first charge, 
^'guilty except the word 'organize,' substituting therefor the word ' collect,' of the 
excepted word not guilty, and of the substituted word guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty, except the word 'organize,' 
substituting therefor the word ' collect,' of the excepted word not guilty, and of the 
substituted word guilty." Of the second charge, "guilty." Of the first specifica- 
tion, third charge, "guilty, except the words 'organized,' appearing in two places, 
substituting therefor the word 'collected,' and except the words 'at the dwelling 
house,' substituting therefor the words 'in and near the dwelling house,' of the 
excepted words not guilty, and of the substituted words guilty." Of the second 
specification, third charge, "guilty, except the words 'organized,' appearing in two 
places, substituting therefor the word 'collected,' and except the words 'at the 
dwelling house,' substituting therefor the words 'in and near the dwelling house,' 
of the excepted words not guilty, and of the substituted words guilty." Of the third 
charge, "guilty." Of the" specification, fourth charge, finds the facts essentially as 
charged, but attaches no further criminality thereto than is contained in the previous 
charge. Of the fourth charge, "not guilty." 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 83 

Sentence. — And the commission does therefore sentence him, the said Perfecto 
Poblador, native, "To be contined at hard labor, at such place as the reviewing 
authority may direct, for a period of twenty (20) years." 

In the foregoing case of Perfecto Poblador, native, it was admitted by his counsel 
that the crimes set forth in all the specifications — except that in the specification to 
the fourth charge— had been committed, but denied all participation or responsibility 
of the accused therein. From the evidence of many witnesses, however, it clearly 
appears that the accused was obeyed by the band of outlaws which committed the 
crimes in the manner alleged; that he was seen with said band immediately before 
and immediately after they had plundered the houses of Pindon and Longno, that 
he was reputed to be and was obeyed as " Jefe Superior," and that there is no reason- 
able doubt that he gave the orders and required his subordinate leaders in the band 
to commit the crimes alleged, and that he gave such orders because the families 
whom he caused to be plundered and their lives to be placed in jeopardy held 
friendly relations with the Americans. 

His defense consisted of an attempt to hide his own responsibility behind the acts 
of the dupes who obeyed his unlawful orders, and who, having been found guilty of 
their part in these crimes, are now undergoing punishment by imprisonment at hard 
labor. 

The sentence, which was approved by the department commander on November 
13, 1900, is confirmed, and will be duly executed at the Presidio de Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U.S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. I., December 24, 1900. 
General Orders, No. 149. 

Before a military commission which convened at San Isidro, province of Nueva 
Ecija, Luzon, P. I., pursuant to paragraph 7, Special Orders, No^ 43, Headquarters 
Department of Northern Luzon, June 4, 1900, and of which Major Joseph Wheeler, jr., 
34th Infantry, IT. S. Volunteers, was president, and First Lieutenant Ivers W. Leon- 
ard, 22d U. S. Infantry, was judge-advocate, was arraigned and tried Santiago Kobles, 
a native. 

Charge I. — "Treachery, in violation of the laws and customs of war." Specifica- 
tion: "In that he, Santiago Robles, a native, and a so-called captain of insurgents, 
then a lieutenant of insurgents, having been captured by the American troops, and 
having been released from such captivity, April 12, 1900, upon taking an oath of 
allegiance to the United States in words and figures as follows, viz: 'I, Santiago 
Robles, do solemnly swear that I recognize and accept the supreme authority of 
the United States of America, and will maintain true faith and allegiance thereto; 
that I will obey the laws, legal orders, and decrees duly promulgated by its authority; 
that I impose upon myself this obligation voluntarily and without mental reservation 
or purpose of evasion, so help me God,' did subsequently bear arms against the 
L^nited States and was captured so bearing arms and exercising command as captain of 
a force of insurgents or bandits, in violation of his oath. This, in time of insurrection 
against the United States, atMayapyap, a barrio of Cabanatuan, P. I., on May 10, 1900." 

Charge II. — "Kidnaping." Specification: "In that he, Santiago Eobles, a native 
and a so-called captain of insurgents or bandits, did, in the company of several armed 
men of his band, take forcible possession of the person of one Teafilo Gutieras, a 
native, and did carry him, the said Gutieras, or cause him to be carried, off in the 
direction of Mayapyap, a barrio of Cabanatuan, P. I., since which occurrence the 
said Gutieras has not been seen nor heard from. This, in time of insurrection, in the 
barrio of Aduas, in the town of Cal)anatuan, province of Nueva Ecija, on or about 
May 1, 1900, in territory held and occupied by United States forces." 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not suiltv." To the second charge, 
"not guilty." ' • 

Findings.— Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "not guilty." Of the second charge, 
"not guilty." 

Sentence. — And the commission does therefore sentence him, Santiago Rol^les, a 
native, "To be confined at hard labor, at such place as the proper authoritv may 
direct, for the period of his natural life." 



84 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

In the foregoing cage of Santiago Robles, native, it conclusively appears by the 
evidence that the accused, after subscribing the oath of allegiance to the United 
States and thereby securing his release from captivity as a j^risoner of war, returned 
to the ranks of the insurgents and again took up arms against the United States. 

The sentence, which was approved by the department commander on the 26th 
day of November, 1900, is confirmed, but is mitigated to confinement at hard labor 
for the term of ten years, and, as thus mitigated, will be duly executed at the 
Presidio de Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, December 28, 1900. 
General Orders, No. 151. 

Before a military commission which convened at Laoag, province of Ilocos Norte, 
Luzon, P. L, pursuant to paragraph 2, Special Orders, No. 74, Headquarters Depart- 
ment of Northern Luzon, July 6, 1900, and of which Maj. Samuel M. Swigert, 3d 
U. S. Cavalry, was president, and First Lieut. Wilson G. Heaton, 34th Infantry, 
U. S. Vokmteers, was judge-advocate, were arraigned and tried: Regino Antonio, 
Jose Madamba, Toribio Lopez, and Augustin Echevarri, natives. 

Charge. — "Murder." Specification. — "In that Regino Antonio, Jose Madamba, 
Toribio Lopez, and Augustin Echevarri, all natives of the Philippine Islands, did, in 
company with others, names unknown, set upon and carry away and did willfully, 
feloniously, and with malice aforethought kill and murder Eugenio Tomayo, Eduardo 
Pata, and Salvador Gorospe, natives, by cutting and stabbing the said Tomayo, Pata, 
and Gorospe with bolos held in the hands of the said Antonio, Madamba, Lopez, and 
Echevarri, inflicting wounds therewith whereof the said Tomayo, Pata, and Gorospe 
then and there, or presently after, died, and did throw the bodies of the said 
Tomayo, Pata, and Gorospe into a well, the said Tomayo, Pata, and Gorospe being at 
the time members of the regularly constituted police force of the pueblo of Laoag, 
Luzon, P. I., and at the time in the proper performance of their dutj^ under civil 
government established under the protection of the military authorities of the Ignited 
States. This during a time of insurrection in the jurisdiction of San Nicolas, Ilocos 
Norte, Luzon, P. I., on or about April 17, 1900." 

Pleas. — To the specification, "Not guilty." To the charge, "Not guilty." 

Findings. — Of the specification, "Guilty, excepting the words 'cutting and stab- 
bing the said Tomayo, Pata, and Gorospe with bolos in the hands of the said Antonio, 
Madamba^ Lopez, and Echevarri, inflicting wounds therewith whereof the said 
Tomayo, Pata, and Gorospe then and there, or presently after, died, and did throw 
the bodies of the said Tomayo, Pata, and Gorospe into a well,' and substituting the 
Avords, ' binding the hands of the said Eugenio Tomayo, Eduardo Pata, and Salvador 
Gorospe behind their backs and throwing the said Tomayo, Pata, and Gorospe into 
a well and filling dirt into said well until the said Eugenio Tomayo, Eduardo Pata, 
and Salvador Gorospe were covered up and dead' of the excepted words not guilty, 
of the substituted words guilty." Of the charge, "Guilty." 

Sentence. — And the commission does, therefore, sentence them, Regino Antonio, 
Jose Mandamba, Toribio Lopez, and Augustin Echevarri, natives, and each of them, 
"To be hung by the neck until dead, at such place and time as the reviewing author- 
ity may designate, two-thirds of the commission concurring therein." 

In the foregoing case of Regino Antonio, Jose Madamba, Toribio Lopez, and 
Augustin Echevarri, natives, who were jointly tried, it appears from the testimony 
of many witnesses and from the statements of three of these accused, made before 
the commission trying them, that three men who had taken service as policemen 
in a pueblo under American control were, for some purpose not clearly revealed 
by the evidence, sent by a native official to the neighboring j)ueblo of San Nicolas, 
where they arrived about midday and repaired to the presidencia for rest and a siesta; 
that while asleep they were seized by a band of men, about ten in number — chiefly 
citizens of San Nicolas — armed with a pistol, bolos, and clubs. That first tying the 
arms of their captives behind their backs, the band proceeded to beat and wound them 
with bolos; that they were then taken into the sacristy of the church to be confessed 
by the padre, then put into a carromata and taken to the outskirts of the pueblo 
where, bound and helpless, but resisting as best they might, they were thrown into 
a well "about 'six varas' deep" and liferally buried alive with earth thrown upon 
them until the well was partly filled. 



CHARGES OF CRUELTY, ETC., TO FILIPII^OS. 85 

That these poUcemen were with dehberate purpose ordered from the friendly [►ro- 
tection of their own pueblo to vSan Nicolas, there to be murdered, the evidence leaves 
but little doubt; that they were deliberately murdered in the manner described, and 
that all these accused were willing and active participants therein, the evidence 
leaves no reasonable doubt, except in the case of Augustin Echevarri, who possibly 
did his part as lookout more from compulsion than a desire to assist. 

The sentences which were approved by the department commander on November 
24, 1900, are confirmed, and, in the cases of Kegino Antonio, Jose Madamba, and 
Toribio Lopez will be executed at the pueblo of San Nicolas, province of Ilocos Norte, 
Luzon, P. I., on the 18th day of January, A. D. 1901, under the direction of the 
commanding genei'al, Department of Northern Luzon. 

The sentence in the case of Augustin Echevarri is, upon the recommendation of 
the department commander, mitigated to confinment at hard labor for the period of 
fifteen years, and, as thus mitigated, will be duly executed at the Presidio de Manila, 
to which place this prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur. 

Thomas H. Barry, 
Brigadier-General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, December 31, 1900. 
General Orders, No. 153. 

Before a military commission which convened at Lingayen, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 110, Headquarters Depart- 
ment of Northern Luzon, August 15, 1900, and of M'hich Major William H. Bishop, 36th 
Infantry, U. S. Yolunters, was president, and Captain Warren H. Ickis, 36th Infan- 
try, U. S. A^olunteers, was judge-advocate, was arraigned and tried Ysidro Cacho, a 
native. 

Charge I. — "Consorting and acting with a band of armed outlaws." Specifica- 
tion: In that he, Ysidro Cacho, native, did consort and act with a band of armed 
outlaws and numbering 10, more or less, the said band, during the time the said 
Ysidro Cacho was consorting and acting with it as aforesaid, being actually engaged 
in robbery and assassination, in and near the barrio of Natulang, pueblo of Bolinao, 
province of Zambales, P. I. This at or near the place specified, a place then, as now, 
within the theater of active military operations by the LTnited States forces, during 
the months of Mav and June, 1900, a time then, as now, of insurrection against the 
United States." 

Charge II. — "Murder." Specification: "In that he, Ysidro Cacho, a native, did 
consort and act with a band of armed outlaws and numbering 10, more or less, com- 
manded and led by the said Ysidro Cacho, willfully, feloniously, with malice afore- 
thought and fiendish cruelty, torture, mutilate, kill, and murder one Catalino Samson 
by tying and binding him and thereby rendering him helpless to defend himself; 
and did cut out his tongue and did cut him, the said Samson, in the head with a 
bolo, and did give orders to one Bonifacio Bonsoii to stab the said Samson, and by 
reason of such cutting and stabbing wounds were inflicted whereof he, the said 
Catalino Samson, then and there died. This at or near the barrio of Natulang, pueblo 
of Bolinao, province of Zambales, P. I., a place then, as now, Avithin the theater of 
active military operations by United States forces, on or about June 29, 1900, a time 
then, as now, of insurrection against the United States." 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
"not guilty." 

Finding. — Of the specification, first charge, "guilty, except the words 'robbery 
and,' and of the excepted words not guilty." Of the first charge, "guilty." Of the 
specification, second charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Ysidro Cacho, 
native, "To be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Ysidro Cacho, native, it appears from the evidence that 
the accused was an officer of militia having two barrios under his jurisdiction; that, 
upon his own orders or the orders he had received from higher insurgent authority, 
he caused the deceased, who at the time was employed as a cook for the American 
officers in the pueblo of Bolinao — and apparently for this reason only — to be seized 
and delivered to him at his residence in the barrio of Natulang; that the accused and 
one Bonifacio Bonson took the deceased to the fields one-half mile from the house of 



86 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

the accused and proceeded to kill him by striking him with a bolo over the head, 
stabbing him with a dagger in the breast, and then cutting off his hands and feet 
and cutting out his tongue. 

On the witness stand the accused admitted he had caused the deceased to be seized 
and that he had delivered him to the said Bonifacio Bonson, to be killed; but beyond 
this public confession the evidence conclusively shows that the accused delivered the 
first fatal blows upon the body of the deceased and then stood by to witness the 
burial of that body after it had been mutilated in the barbarous aianner as charged. 

The sentence, which was approved by the department commander on November 
4, 1900, is confirmed and will be duly executed at the pueblo of Bolinao, province of 
Zambales, Luzon, P. I., on the 18th day of January, A. D. 1901, under the direction 
of the commanding general, Department of Northern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Bahry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., Januarys, 1901. 
General Orders, No. 2. 

Before a military commission which convened at Dagupan, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 14, Special Orders, No. 178, headquarters 
Department of Northern Luzon, October 24, 1900, and of which Maj. Charles A. Wil- 
liams, 17th L". S. Infantry, was president, and First Lieut. Thomas L. Smith, 17th 
L^. S. Infantry, was judge advocate, was arraigned and tried Bias de la Rosa, native. 

Charge. — ' ' Murder. ' ' 

Specification 1. — "In that he, Bias de la Eosa, native, did, on or about xlpril 25, 1900, 
at or near barrio of Mabilita, pueblo of Dasol, province of Zambales, Luzon, territory 
then, as now (October 8, 1900), occupied by United States troops, and at a time then, 
as now, of insurrection against the lawful authority of the United States, in company 
of, and consorting with, a band of armed outlaws to the number of seven, more or 
less, wilfully, feloniously, and with malice aforethought kill and murder Pedro Abilla, 
a native, by shooting him, the said Abilla, with rifles held in the hands of said band 
of which he, the said Bias de la Rosa, was one, inflicting wounds therewith whereof 
he, said Pedro Abilla, then and there died. This on or about the date and at or 
near the place specified." 

Specification 2. — "In that he, Bias de la Rosa, native, did, on or about April 10, 
1900, at or near Balangbang, a sitio of Dasol, Zambales, Luzon, then, a • now, terri- 
tory occupied by the United States troops, and at a time then, as now, of insurrection 
against the lawful authority of the United States, in company of, and consorting 
with, a band of armed outlaws ten, more or less, in number, wilfully, feloniously, 
and with malice aforethought kill and murder one Tito Balisiliso, a native, by shoot- 
ing him, the said Balisiliso, with rifles, and cutting him with bolos, said rifles and 
bolos being held in the hands of said band of outlaws of which he, Bias de la Rosa, 
was one, inflicting wounds therewith whereof the said Tito Balisiliso, then and there 
died. This at times and places specified." 

Pleas. — To the first specification, "not guilty." To the second specification, "not 
guilty." To the charge, "not guilty." 

Findings. — Of the first specification, "Guilty, excepting the word 'Dasol,' substi- 
tuting therefor the words 'San Isidro,' of the excepted word not guilty, and of the 
substituted words guilty." Of the second specification, " Guilty, excepting the word 
'Balisiliso,' substituting therefor the word 'Balisilisa,' of the excepted word not 
guilty, and of the substituted word guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him. Bias de la Rosa, 
"to be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case of Bias de la Rosa, native, it conclusively appears from the 
evidence of many eye-witnesses that the accused was a member of a band of outlaws 
and that he was present as a willing and active member thereof in the murder, 
accompanied with robbery, of two law-abiding men in the manner and form as charged. 

The sentence, which was approved by the department commander on December 
17, 1900, is confirmed and will be duly executed at the pueblo of Dasol, province of 
Zambales, Luzon, P. I., on the twenty-fifth (25) day of January, A. D. 1901, under 
the direction of the commanding general, Department of Northern Luzon. 

By command of IMajor-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 87 

Headquarters Division of the Philippines, 

Manila, P. J., January 3, 1901. 
General Orders, Xo. 3. 

Before a military commission which convened at Binalonan, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters 
Department of Northern Luzon, June 25, 1900, and of which Major Joseph W. Dun- 
can, 13th U. S. Infantry, was president, and First Lieutenant Harvey W. Miller, 13th 
U. S. Infantry, Avas judge-advocate, were arraigned and tried Pedro Cavayan, Vicente 
Mendejar, Gregorio Lopez, and Lorenzo Refugia, natives. 

Charge I. — "Forcible abduction." Specification: "In that they, Pedro Cavayan, 
Vicente Mendejar, Gregorio Lopez, and Lorenzo Refngia, natives, and each of them, 
in company of and consorting with armed outlaws, to the number of eight, more or 
less, did unlawfully, forcibly, and feloniously seize and carry away, against his will, 
one Mariano Magpale, native. 

"This in territory occupied by United States troops, in time of insurrection against 
the Government of the United States, on or about the third week of January, 1900, 
at or near the barrio of Dumanput, pueblo of Asingan, province of Pangasinan, 
Luzon, P. I." 

Charge II. — "Murder." Specification: "In that they, Pedro Cavayan, Vicente 
Mendejar, Gregorio Lopez, and Lorenzo Refugia, natives, and each of them, in com- 
pany of and consorting with armed outlaws, eight, more or less, in number, did will- 
fully, feloniously, and with malice aforethought kill and murder Mariano Magpale 
by striking and cutting him, the said Magpale, with bolos held in the hands of the 
said Pedro Cavayan, Vicente Mendejar, Gregorio Lopez, and Lorenzo Refugia, and 
of said outlaws, and each of them inflicting wounds therewith whereof the said Mag- 
pale died. 

"This in territory occupied by United States troops, in time of insurrection against 
the United States Government, on or about the third week of January, 1900, at or 
near the barrio of Dumanput, pueblo of Asingan, province of Pangasinan. Luzon, P. I.'^ 

Pleas. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge^ 
' ' not guilty. ' ' 

Findings. — Of the specification, first charge, "not guilty." Of the first charge, 
"not guilt V." Of the specification, second charge, "guiltv." Of the second charge, 
"guilty." " 

Sentence. — And the commission does therefore sentence them, Pedro Cavayan, 
Vicente Mendejar, Gregorio Lopez, and Lorenzo Refugia, and each of them, "to be 
hung by the neck until they are dead, at such time and place as the reviewing author- 
ity may direct, two-thirds of the members concurring therein." 

In the foregoing case of Pedro Cavayan, A'icente ISIendejar, Gregorio Lopez, and 
Lorenzo Refugia, who were jointly tried, the sentence, as approved by the depart- 
ment commander, is confirmed, but for reasons which though adequate are not 
apparent npon the record, is commuted in the case of each of these accused to con- 
finement at hard labor for a period of fifteen years, and as thus commuted will be 
executed at the Presidio de Manila, to which place the prisoners will be sent under 
proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staffs 



Headquarters Division of the Philippines, 

Manila, P. I., Januar;/ 9, 1901. 
General Orders, No. 6. 

Before a military commission which convened at San Fernando de la Laiion, Luzon, 
P. I., pursuant to paragraph 2, Special Orders, No. 42, headquarters Department of 
Northern Luzon, June 3, 1900, and of which Major Charles F. Kieffer, surgeon, 48th 
Infantry, U. S. Volunteers, was president, and First Lieutenant William T. Johnson, 
3d U. 8. Cavalry, was judge-advocate, was arraigned and tried Lucino Almeida, a 
native. 

Charge I. — "Relieving and knowingly harboring and protecting the enemies of the 
United States in time of insurrection, in violation of the laws of war." 

Specification 1. — "In that Lucino Almeida, a native, on or about the 5th day of Jan- 
uary, 1900, then, as now, a time of insurrection, at or near his residence in the pueblo 
of San Fernando de Union, Luzon, P. L, a place then, as now, in the theater of active 
military operations and occupied by the troops of the United States, alleging andstat- 



88 CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 

ing that he was the duly appointed Governor of Union Province, Luzon, P. I., did' 
by his own order, convene the ' Presidentes' of the 'Pueblos' of Union Province, and 
did, in this meeting, verbally order the ' Presidentes' of the 'Pueblos' or their repre- 
sentatives therein assembled to furnish food, provisions and supplies from time to time 
to the forces in iuvsurrection against the United States, that might be in or near their 
respective jurisdictions; and did further order the said officials to give these supplies 
whenever demanded, and to likewise order their 'Cabezas' of their respective ' Bar- 
rios' to collect provisions for the insurgents from the residents of the 'Barrios;' that 
they were ordered to do this under threats of punishment if they failed to comply." 
"This at the time and place above specified." 

Specification 2. — "In that Lucino Almeida, native, about the month of March, 1900, 
then, as now, a time of insurrection, in San Fernando de Union, Luzon, P. L, a place 
then, as now, in the theater of active military operations and occupied by the Ameri- 
can troops, alleging and claiming to be the duly appointed Governor of Union Pro- 
vince, Luzon, did urge and order Matias Runes, ' Presidente local ' of Cava, and others, 
to furnish food supplies and monies as a war contribution to those engaged in insur- 
rection against the United States." "This at the time and place above specified." 

Specification 3. — In that Lucino Almeida, native, about the months of January and 
February, 1900, then, as now, a time of insurrection, in Union Province, Luzon, a 
place then, as now, in the theater of active military operations and occupied by the 
troops of the L^nited States, alleging and claiming to be the duly appointed Governor 
of Union Province, Luzon, did order Juan Suyat, second 'Cabeza' of Pias, Feofilo 
Sanglay, ' Cabeza' of Santiago Sur, Teodoro Alviar, ' Cabeza' of Carletan, and other 
minor officials of Union Province, Luzon, to furnish food supplies and money as a 
w'ar contribution to those engaged in insurrection against the United States. " " This 
at the time and place above specified." 

Specification 4- — " In that Lucino Almeida did furnish rice, money and other sup- 
plies in unknown quantities to bands engaged in insurrection against the U nited States, 
by ordering Paulino Alviar, ' Presidente' of San Fernando, Vicente Dumpit, ' Presi- 
dente' of Bauang, Pedro Rimondo, 'Presidente' of Naguilian, and other 'Presidentes,' 
names unknow^n, to furnish the said rice, money, and other supplies, assuming, in giv- 
ing said orders, authority as Provincial Governor, which assumed authority the said 
'Presidentes' believed to be genuine." "This in Union Province, Luzon, P. I., dur- 
ing or about the months of February and March, 1900, a time of insurrection." 

Specification 5. — "In that Lucino Almeida, native, did relieve the enemy with 
money by ordering Paulino Alviar, presidente local of San Fernando de Union, to 
furnish |80 in silver to one J oaquin Luna, an official of insurgent forces, on demand 
of the said Luna, assuming, in giving the said order, an authority as provincial 
governor, which assumed authority the said Alviar believed to be genuine, and on 
which order |40 in silver, more or less, was furnished the said Joaquin Luna. This 
about February or March, 1900, a time of insurrection at San Fernando de Union, 
Luzon, a place in the theater of active military operations, and occupied by troops 
of the United States." 

Specification 6. — "In that Lucino Almeida, native, and resident of the town of San 
Fernando de Union, occupied by troops of the L^nited States, did relieve the enemy 
w'ith money by ordering Paulino Alviar, presidente local of San Fernando de Union, 
Luzon, P. L, to furnish all the money in the town treasury, to one Joaquin Luna, an 
official of insurgent forces, on the written order of the said Joaquin Luna, dated San 
Fernando, March 16, 1900; the said Almeida assuming, in giving the said order to 
the said Alviar, authority as provincial governor, which assumed authority the said 
Alviar believed to be genuine, and on which order 1813.56, more or less, were fur- 
nished to the said Luna by the said Almeida. This at San Fernando, province of 
Li^nion, on or about March 16, 1900." 

Specification!. — "In that Lucino Almeida, native, alleging and claiming to be the duly 
appointed civil governor of L^nion Province, Luzon, P. I., during or about the month 
of March, 1900, then, as now, a time of insurrection, did collect monej'S and provi- 
sions in unknown amounts from the peaceful inhabitants of LTnion Province, Luzon, 
P. L, a place then, as now, in the theater of active military operations and occupied 
by troops of the United States, and did contribute the moneys and provisions, or a 
portion thereof, to the officials of the insurgent forces for use in the maintenance of 
the said body of insurgents. This at the time and place specified." 

Specification 8. — "In that Lucino Almeida, native, alleging and claiming to be the duly 
appointed civil governor of Union Province, Luzon, P. I., during February and March, 
1900, then, as now, a time of insurrection, did collect from all or some of the male 
adults of Union Province, Luzon, P. I., a place then, as now, in the theater of active 
military operations and occupied by the troops of the United States, to wit, $1 silver 
each, and from the female adults, to wit, $0.50 silver each for a 'certificado de ciu- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 89 

dadania,' when in fact the amount so collected, or a portion of it, was a contribution 
to the war fund of those engaged in insurrection against the United States. This at 
the time and places above specified." 

Specification 9. — " In that Lucino iVlmeida, native, alleging and claiming to ]je the 
duly appointed civil governor of Union Province, Luzon, P. I., during or about the 
months of January, February, and March, 1900, then, as now, a time of insurrec- 
tion, did knowingly permit Manuel Tinio, Bias Billanior, Joaquin Luna, Fortunate 
Gaerlan, and others, to maintain bands of armed insurgents, numlDers unknown, in 
hiding or in camps at or near the 'barrios' Capanigian, Paci:>acac, Bariquit, San 
Felipe, Candaroma, Bacsayan, 'pueblo' of San Juan, Union Province, Luzon, P. L, 
and other points, places then, as now, in the theater of active military operations, 
knowing that the said Tinio, Billamor, Luna, Gaerlan, and their armed bands were 
living in open and notorious insurrection against the United States. This in L^nion 
Province, Luzon, P. L, February and March, 1900." 

Specification 10. — "In that Lucino Almeida, native, alleging and claiming to be the 
duh' appointed civil governor of L"^nion Province, Luzon, P. I., during or about the 
months of January, February, and March, 1900, then, as now, a time of insurrec- 
tion, knowing that Manuel Tinio, Bias Billamor, Joaquin Luna, and Fortunato Gaer- 
lan, and their bands of armed insurgents maintained camps in the ' barrios ' of 
Capanigian, Pacpacac, Bariquit, San Felipe, Candaroma, Bacsayan, 'pueblo' of San 
Juan, Union Province, Luzon, P. L, and other places, then, as now, in the theater 
of active military operations, did knowingly conceal this information from the com- 
manding officer of the American troops in Union Province, Luzon, P. L, and did aid 
and abet the said armed bands to remain in hiding, thereby harboring and protect- 
ing the said bands of armed insurgents to escape detection and capture. This in 
Union Province, Luzon, P. L, during or about February and March, 1900." 

Specification 11. — " In that Lucino Almeida, native, alleging and claiming to be the 
duly appointed civil governor of Union Province, Luzon, P. L, during or about 
January, February, and March, 1900, then, as now, a time of insurrection, did force 
the peaceful inhabitants of Union Province, Luzon, P. I., a place then, as now, in the 
theater of active military operations, to conceal from the American forces the hiding 
places of Manuel Tinio, Bias Billamor, Fortunato Gaerlan, and Joaquin Luna, insur- 
gents, and their armed bands of insurgents, thereby knowingly protecting and 
harboring the said insurgents and aiding them to escape detection and capture. 
This in Union Province, Luzon, P. U, during or about February and March, 1900." 

Specification 12. — "In that the said Lucino Almeida, native, did knowingly permit 
an armed body of insurgents to abduct and carry away Ameliana, wife of Antonio 
de Dios, Spanish citizen of San Fernando de Union, Luzon, P. I. , and to keep her in 
confinement without cause for three days, more or less, and did attempt to prevent 
the knowledge of her abduction from reaching the American forces, thereby protect- 
ing the enemies of the United States. This in Union Province, Luzon, P. I., about 
January 1, 1900, a time of insurrection." 

Charge II.—" Holding correspondence with, and giving intelligence to, the ene- 
mies of the United States in time of insurrection, in violation of the laws of war." 

Specification 1. — " In that Lucino Almeida, native, and resident of the town of San 
Fernando de Union, Luzon, P. I., occupied by United States troops, did, during or 
about the month of February, 1900, then, as now, a time of insurrection, in the house 
of 'Padre' Mariano Gaerlan, at San Juan; in the house of said Almeida in ' ])arrio' 
Santa Rosa, in ' barrio' Candaroma and Bacsayati, all of ' i)ueblo' of San Juan, Union 
Province, Luzon, P. I., and other points, places then, as now, in the theater of active 
military operations, hold communication with Joaquin Luna, Juan Gutierrez, For- 
tunato Gaerlan, and other enemies of the United States, and was in conference with 
them, knowing at the time that the said insurgents were living in open and notori- 
ous insurrection against the United States. This at the times and places above 
specified." 

Additional charge. — "Holding correspondence with the enemy, in violation of 
the laws of war." 

Specification. — " In that he, Lucino Almeida, native, on or about March 20, 1900, a 
time then, as now, of insurrection, in Union Province, Luzon, a place then, as now, 
in the theater of active military operations, and occupied by the military forces of 
the United States, did correspond with the enemies of the United States, by \\riting 
and sending a letter to one Manuel Tinio, a leader oi insurgents, knowing that the 
said Tinio was living in open and notorious insurrection against the L^nited States. 
This at the time and place above set forth." 

Plea.— "Not guilty." 

Findings. — Of the fii'st specification, first charge, "guilty, except the words 'that 
they were ordered to do this under threats of punishment if they failed to comply,' 



90 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

and of the excepted words not guilty." Of the second specification, first charge, 
"guilty." Of the third specification, first charge, "guilty. Of the fourth specifica- 
tion, first charge, "guilty." Of the fifth specification, first charge, "guilty, except 
word 'dollars' and substituting word 'pesos;' of substituted word guilty. ""^ Of the 
sixth specification, first charge, "guilty, except word ' dollars' and substituting 
' pesos;' of the substituted word guilt}-." Of the seventh specification, first charge^ 
"guilty." Of the eighth specification, first charge, "guilty, excej^t the words 'all 
or' and of the excepted words not guilty." Of the ninth specification, first charge, 
"guilty." Of the tenth specification, first charge, "guilty." Of the eleventh speci- 
fication, first charge, "not guilty." C)f the twelfth specification, first charge, "not 
guilty. ' ' Of the first charge, ' ' guilty. ' ' Of the specification, second charge, '' ' guilty. ' ' 
Of the second charge, "guilty." Of the specification, additional charge, "guilty." 
Of the additional charge, " guilty." 

Sentence. — And the commission does therefore sentence him, Lucino Almeida, 
the accused, "To be confined at hard labor, at such place as the reviewing authority 
mav direct, for the period of twentv vears, and to pav a fine of twentv thousand 
(20,000) pesos." 

In the foregoing case of Lucino Almeida, it appears of record that upon the occu- 
pation of the province of la Union by the American forces the accused was the 
provincial chief or presidente thereof, and was holding his said office from the insur- 
rectionary junta; that in his said official capacity he called upon and made himself 
known to the commanding general of the American forces, tendered to him his 
services, and promised to aid him in the work of pacification of the province; that 
the accused, the presidentes of the pueblos, and headmen of the barrios were 
required to continue for the time being to fulfill the duties of their respective offices, 
and to instruct and urge the people to return to their peaceful avocations with assur- 
ance of the protection of American troops. 

The evidence shows that the accused accepted the trust reposed in him with every 
outward sign of satisfaction and good will; that he thereafter obeyed instructions in 
special instances with seeming fidelity, and by his -manner and speech continued to 
act the part of a friend of the occupying military government of the United States; 
but it is also made as plainly evident that while thus acting the role of a friend of 
the American cause the accused, the presidentes of the pueblos, and the minor native 
civil officials, many of whom had taken the oath of allegiance to the United States 
and of fidelity in the execution "of their offices under its authority, were with a com- 
mon and secret understanding administering their said offices under the orders and 
in the interest of the insurrectionary chiefs. Whenever they collected lawfullj' 
imposed taxes, they also sought to impose and treasonably and secretly collect a 
like or larger amount of tax for the benefit of the insurgent forces, and in some 
instances they diverted the public funds derived from taxes legitimately assessed and 
collected to the same treasonable use. They also invited vohmtary and by divers 
methods made enforced contributions of money from the more wealthy Filipinos, 
and from the people generally contributions of clothing and monthly allotments of 
rice, meat, and other subsistence supplies which they delivered into the possession 
of the bands of guerrillas which infested the province, and whose secret camping 
places they carefully guarded from coming to the knowledge of the American troops. 

That the accused had knowledge of these treasonable practices and that in certain 
instances he advised their continuation he admitted before the commission trying 
him; and that he secretly used the great infiuence of his office — from which he had 
not been formally suspended — to perfect methods whereby continuous and effective 
aid and encouragement was given the insurgent forces there is no reasonable doubt. 

The facts above enumerated and clearly proven constitute the accused a "war 
traitor," a term employed to designate a most vicious and dangerous class, their 
operations being necessarily chiefly confined to the encouragement of armed prowlers 
and guerrilla bands, with their attending robberies, murders, and assassinations. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to deportation to the island of Guam, the prisoner there to remain during 
the continuance of the insurrection. As thus commuted the sentence will be duly 
executed. 

The necessary orders for transportation and subsistence will be issued from these 
headquarters. 

By command of ^Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U.S. Volunteers, Chief of Staff. 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 91 

Headquarters Division of the Philippines, 

Manila, P. L, January 9, 1901. 
General Orders, No. 7. 

Before a military commission which convened at Guiguinto, province of Biilacan, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 53, Headquarters Depart- 
ment of Northern Luzon, June 15, 1900, and of which Major Albert Laws, 35th 
Infantry, U. S. Volunteers, was president, and 1st Lieutenant Alvin C. Voris, 35th 
Infantry, U. S. Volunteers, was judge-advocate, was arraigned" and tried Catalino 
Landayan, native. 

Charge I. — "Violation of the laws of war." 

Spec ifi cat ion. — "In that Catalino Landayan, a native, did occupy and exercise for 
the insurgents, in territory held by the United States, the office of presidente of 
Guiguinto, province of Bulacan, P. I." 

"This in time of insurrection, at Guiguinto, province of Bulacan, P. I., during the 
months of September and October, 1900." 

Charge II. — "Giving intelhgence to the enemy." 

Specification. — "In that Catalino Landayan, a native, while residing as an 'araigo' 
in the pueblo of Guiguinto, province of Bulacan, P. I., under the protection of the 
United States, did, in writing, give intelligence to the enemy of the strength, move- 
ments, and defenses of the LTnited States garrison occupying said place." 

"This in time of insurrection, at Guiguinto, province of Bulacan, P. L, about the 
12th and 18th of September, 1900." 

Plea. — "Not guiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Catalino Landayan, 
native, "to be confined at hard labor, at such place as the reviewing authority may 
direct, for the period of fifteen (15) years." 

In the foregoing case of Catalino Landayan, native, the evidence clearly shows 
that the accused accepted the office of presidente of the pueblo of Guiguinto from 
insurgent authority, at a time when that office was lawfully filled by a presidente 
appointed under the authority of the United States, and that while the accused was 
acting the part of an "amigo " of the Americans he was by letter advising the com- 
manding general of the insurgent forces in his vicinity of the number and means of 
defense of the American troops in Guiguinto. Many of his treasonable letters hav- 
ing been captured from the enemy, and being confronted with them before the com- 
mission he admitted that he signed them, but averred that he had done so under 
threats of the insurgents against his life and property. But his zeal in the cause of 
the insurrection is too manifest to give value to his defense, which, even if true, 
could not avail to save him from the consequences of his treasonable acts. 

The sentence, which was approved by the department commander on December 
28, 1900, is confirmed, and will be duly executed at the Presidio de Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff.. 



Headquarters Division of the Philippines, 

Manila, P. I., January 10, 1901. 
General Orders, No. 8. 

Before a military commission which convened at Sorsogon, province of Sorsogon,. 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 203, headquarters Depart- 
ment of Southern Luzon, November 4, 1900, and of which Major Keller Anderson, 
47th Infantry, U. S. Volunteers, was president, and 1st Lieutenant George W. Eng- 
land, 47th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried 
Mariano Dreu, native. 

Charge I. — "Larceny." 

Specification 1. — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- 
gents and not being a member of any recognized military organization, but acting 
independently of the same, did cause and aid other persons whose names are unknown, 
similarly acting under his orders, he being their recognized leader, to feloniously 
and forcibly take, steal, and carry away from the premises of one Narsiso Docampa, 
a peaceable native, the sum of $15, Mexican currency, 1 cow, of the value of S40, 
Mexican currency, 1 carabao, of the value of |60, Mexican currency, and 4 sacks of 
rice, of the value of $12, Mexican currency, the property of said Narsiso Docampa 



\)2 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

and did appropriate said property to his (Dreu's) own use and the use of his asso- 
ciates. This, in time of insurrection, at or near Bacon, P. I. , a place under the miU- 
tary government of the United States, on or about the 6th day of September, 1900." 

Spedfimtion 2. — "In that Mariano Dreu, native, being a heutenant-colonel of insur- 
gents and not being a member of any recognized mihtary organization, but acting 
independently of the same, did cause and aid other persons whose names are unknown, 
similarly acting under his orders, he being their recognized leader, to feloniously 
and forcibly take, steal, and carry away from the premises of one Fito Dino, a peace- 
able native, the sum of 880, Mexican currency, and 2 sacks of rice, of the value of S6, 
Mexican currency, the property of said Fito Dino. and did appropriate said property 
to his (Dreu's) own use and the use of his associates. This, in time of insurrection, 
at or near Bacon, P. L, a place under the military government of the United States, 
on or about the loth day of August. 1900. ' ' 

Specification S. — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- 
gents and not being a member of any recognized military organization, but acting 
independently of the same, did cause and aid other persons whose names are unknown, 
similarly acting under his orders, he being their recognized leader, to feloniously 
take, steal, and carry away from the premises of one ^lanuel Garcia, a peaceable 
native, the sum of 8320, Mexican currency, the property of the said Manuel Garcia. 
This, in time of insui-rection, at or near Gatbo, P. I., a place under the military gov- 
ernment of the United States, on or about the 1st day of June, 1900." 

Specification 4- — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- 
gents and not being a member of any recognized military organization, but acting 
independently of the same, did feloniously and forcibly take, steal, and carry away 
from the premises of one Timoteo Diocaresa. a peaceable native, the following-named 
articles, to wit: S63.55, Mexican currency, 6 pieces of silk, of the value of 88.75, 7 
pairs of trousers, of the value of 87.50, 4 shirts, of the value of 84.50, 1 piece of cina- 
may, of the value of 82.50, a quantity of chocolate, of the value of 85, 5 outer shirts, 
of the value of 84.60, one straw sleeping mat, of the value of 81.10, 1 pair of 100- 
pound scales, of the value of 85, and 2 pillows, of the value of 82; total value of 
money and articles, 8106.80, Mexican currency, the property of the said Timoteo 
Diocaresa. This, in time of insurrection, at the barrio of Capangdan, Bacon, P. L, a 
place mider the militarv government of the United States, on or about the 24th dav 
of July, 1900." 

Charge II. — " Violation of the laws of war." 

Specification 1. — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- 
gents, and not being a member of any recognized military organization. l)ut acting 
independently of the same, in company with other persons whose names are unknown, 
similarly acting under his orders, he being their recognized leader, did feloniously 
and forcibly seize, take prisoner, and carry away one Xarsiso Docampa, a peaceable 
native, and did hold said Xarsiso Docampa prisoner, against his ( Docampa' s) will, 
from on or about the 6th day of September, 1900, until on or about the 22d day of 
September, 1900. This, in time of insurrection, at or near Bacon, P. I., a place under 
the military government of the United States, on or about and between the dates 
above specified." 

Specification 2. — *' In that Mariano Dreu, native, being a lieutenant-colonel of insur- 
gents, and not being a member of any recognized military organization, but acting 
independently of the same, in company with other persons whose names are unknown, 
similarly acting under his orders, he being their recognized leader, did feloniously 
and forcibly seize, take prisoner, and carry away one Fito Dino. a peaceable native, 
and did hold the said Fito Dino prisoner against his (Dino's) will, from on or about 
the 15th day of August, 1900, until on or about the 22d day of October, 1900. This, 
in time of insurrection, at or near Bacon, P. L, a place under the military govern- 
ment of the United States, on or about and between the dates above specified." 

Specification 3. — "In that Mariano Dreu, native, being a lieutenant-colonel of insur- 
gents, and not being a member of any recognized military organization, but acting 
independently of the same, having, in company with other persons, whose names 
are unknown, similarly acting under his orders, he being their recognized leader, 
unlawfully and forcibly seized, taken prisoner, and carried away one Manuel Garcia, 
a peaceable native, did maltreat and did aid and abet in the maltreatment of the 
said flannel Garcia, by causing him, the said Garcia, to be placed in the stocks. 
This, in time of insurrection, at or near Gatbo, P. I., a place under the ndlitary gov- 
ernment of the United States, on or about the 1st dav of June, 1900." 

Plea.— "Xot guilty." 

Findings. — Of the'first specification, first charge, "guilty, except as to the words, 
'$15,' and of the excepted words not guilty, and substituting therefor the words 
'$15.37' and of the substituted words guilty." Of the second specification, fii-st 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 9S 

charge, "guilty." Of the third specification, first charge, "guilty." Of the fourth 
specification, lirst charge, "guilty, except as to the words '|63,' and of the excei>ted 
words not guilty, and substituting therefor the words '$503' and of the substituted 
words guilty, and except as to the words '$106,' and of the excepted words not 
guilty, and substituting therefor the words '$546' and of the substituted words 
guilty." Of the first charge, "guilty." Of the first specification, second charge, 
"guilty." Of the second specification, second charge, "guilty." Of the third speci- 
fication, second charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Mariano Dreu,. 
native, " To be confined at hard labor, at such place as the reviewing authority may 
designate, for the period of fifteen years." 

In the foregoing case of Mariano Dreu, native, the evidence shows and the accused 
admits that he was a lieutenant-colonel of insurgents, and that his armed band of 
followers did commit the offenses in the manner as charged. 

The evidence clearly shows that his general plan of operation was to visit a house 
in the nighttime, assault and abuse the husband and wife, and threaten them with 
death to induce them to produce their money and other valuables. Possessed of 
these, the band would then depart, taking their victims with them to their camp. 
Here their prisoners were subjected to further indignities, whipped, put in the stocks, 
and made to suffer until some of them made further discoveries of the hiding places 
of their money, which the band would then send for and secure. The reason given 
by members of the band for these crimes was that the people robbed and maltreated 
were " Americanistas. " Whether or not this was a mere pretext for acting the part 
of ladrones is not material, the fact being that their methods were no whit different 
from those of the vilest robbers and thieves. That, as leader, the accused was respon- 
sible for and was actually present and took part with his followers in committing 
these offenses there is no reasonable doubt. 

The remark of the department commander, in approving the sentence, that it was 
" deemed inadequate," is fully concurred in. The sentence is confirmed and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barey, 
Brigadier- General U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., January 10, 1901. 
General Orders, No. 9. 

Before a military commission which convened at Balanga, province of Bataan, 
Luzon, P. 1., pursuant to paragraph 1, Special Orders, No. 64, Headquarters Depart- 
ment of Northern Luzon, June 26, 1900, and of which Lieut. Col. Lewis H. Strother, 
32d Infantry, U. S. Volunteers, was president, and First Lieut. James C. Hixson, 32d 
Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried Hilario 
Matacot, Domingo Samson, Alijo Garcia, and Mariano Villanueve, natives. 

Charge. — "Murder." Specification.— ''In that they, Hilario Matacot, Domingo 
Samson, Alijo Garcia, and Mariano Villanueve, natives, and each of them, on or 
about the 4th day of April, 1900, then, as now, a time of insurrection, at or near the 
barrio of Salyan, province of Bataan, island of Luzon, P. I., a place then, as now, 
within the theater of active military operations, in company of, and consorting with, 
a band of outlaws to the number of eight, more or less, did each willfully, feloni- 
ously, and with malice aforethought, kill and murder one Pedro Quintin, a native, 
by stabbing him, the said Pedro Quintin, with a dagger and cutting him, the said 
Pedro Quintin, with bolos held in the hands of members of said band, inflicting 
wounds therewith whereof he, the said Pedro Quintin, suffering and lingering, died 
on the 5th day of April, 1900. This at the times and place above specified." 

Plea.— "Not guilty." 

FINDINGS. 

Hilario Matacot. Of the specification, "guilty, except the words, ' kill and mur- 
der one Pedro Quintin, a native, by stabbing him, the said Pedro Quintin, with a 
dagger and cutting him, the said Pedro Quintin, with bolos;' and for the excepted 
words substituting the words, 'assist some person or parties to kill and mnrder, by 
striking with a bolo and stabbing with a dagger, one Pedro Quintin,' and of the 
excepted words not guiltv, but of the substituted words guilty." Of the charge, 
"guilty." 



94: CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Sentence. — And the commission does therefore sentence him, Hilario INIatacot, 
native, " to be hung by the neck until dead, at such time and place as the reviewing 
authority may direct, Wo-thirds of the commission concurring therein." 

Domingo Samson, Alijo Garcia, and Mariano Villanueve: Of the specification, "not 
guilty," of the charge, "not guilty." 

And the commission does therefore acquit them, Domingo Samson, Alijo Garcia^ 
and Mariano Villanueve, natives, and each of them. 

In the foregoing case of Hilario Matacot, Domingo Samson, Alijo Garcia, and Mari- 
ano, Villanueve, the proceedings are approved. The acquittal of Domingo Samson 
and Alijo Garcia by the commission, approved by the commanding general. Depart- 
ment of Northern Luzon, on July 28, 1900, is confirmed, and the acquittal of Mari- 
ano Villanueve by the commission is approved. 

The sentence awarded the accused Hilario Matacot, as approved by the depart- 
ment commander, is confirmed, but is commuted to confinement at hard labor for 
the period of twenty years, it not appearing that this accused bore a principal or 
other than a subordinate part in the murder committed and it being shown that none 
of the wounds received by the murdered man were inflicted by him. As thus com- 
muted, the sentence will be duly executed at the presidio de Manila, to which place 
the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, January 23, 1901. 
General Orders, No. 13. 

Before a military commission which convened at San Pablo, Laguna Province, 
Luzon, P. I., pursuant to paragraph 19, Special Orders, No. 213, Headquarters Depart- 
ment of Southern Luzon, November 14, 1900, and of which Maj. Benjamin M. 
Koehler, 37th Infantry, L^. S. Volunteers, was president, and First Lieut. William 
Yates, 1st V. S. Cavalry, was judge-advocate, were arraigned and tried Cosme Sicat 
and Eligio Reyes, natives. 

Charge. — "Murder." Specification. — "In that Cosme Sicat and Eligio Reyes, 
natives, botn residents of San Gabriel, pueblo of San Pablo, Province of Laguna, 
Luzon, P. I., did willfully and feloniously, and with malice aforethought, kill and 
murder one Po Bangco, a Chinaman, and a peaceable resident of the Province of 
Laguna, Luzon, P. I., by striking the said Po Bangco with clubs, knives, and bolos, 
thereby inflicting upon the said Po Bangco wounds, as the result of which the said 
Po Bangco did then and there die. This on or about September 1, 1900, in a time of 
insurrection near San Gabriel, in the pueblo of San Pablo, Province of Laguna, Luzon, 
P. I., a j^lace then, as now, under the military government of the United States, and 
within the theater of the active military operations of the United States army in the 
fleld." 

Pleas.— " Not guilty." 

Findings.—' ' Guilty. ' ' 

Sentence. —And the commission does therefore sentence them, Cosme Sicat and 
Eligio Reyes, both natives, " to be hanged by the neck until they are dead, at such 
time and place as the reviewing authority may direct, two-thirds of the members 
concurring therein . ' ' 

In the foregoing case of Cosme Sicat and Eligio Reyes, natives, who were jointly 
tried, it appears of record that the accused, at a preliminary hearing of their cases, 
instituted in the presidencia municipal before duly qualified native officials, vokm- 
tarily confessed that they killed the deceased, and recited in justification of their act 
that they had in the daytime met the deceased on the road and purchased from him 
a package of cigarettes for which they made tender of half a peso; that after receiv- 
ing their change the deceased proceeded on his way; that the accused then discov- 
ered that the change returned to them was "two cuartos" (less than half a penny) 
short — when they i^ursued, and, overtaking the deceased, demanded of him the bal- 
ance of their change. The deceased declining to return the change claimed to be 
due and making a "movement as if to run away" they " caught him by the hand, 
whereupon he drew a knife from his pocket" which they knocked from his hand 
and which one of the accused "instantly caught up," and as "the Chinaman was 
crying out that they were robbing him, which was an abuse" which, using their own 
language, "infuriated and obliged them to maltreat" him "until he was left dead." 

The native officials on the witness stand orally confirmed the official record made 



CHARGES OF CKUELTY, ETC., TO FILIPIN^OS. 95 

by them and described the nature of the fatal wounds exhibited by the body of the 
deceased, which they found lying dead at the scene of the murder. The knife said to 
have been drawn by the deceased against these accused was not found. 

In law no man is suffered to kill his assailant unless, being unable to escape fi^om 
or avoid him, he is compelled to kill such assailant in order to save his own life. 
Admitting that in this case the deceased did draw a knife against these accused, they, 
by their own confession, took it from him, and being thus comparatively safe ancl 
surely without imminent danger of their own lives, they had no excuse whatever for 
committing the murder, of which they, without doubt, stand rightfully convicted. 
The sole mitigating circumstance is that the crime was committed in sudden anger, 
growing out of a sense of personal wrong done to them. 

The sentence, apjDroved by the departinent commander, is confirmed, but is miti- 
gated to confinement at hard labor for the period of their natural lives, and as thus 
mitigated will be duly executed at the presidio de Manila, to which place the pris- 
oners will be sent under proper guard. 

By command of Major-General MacArthur. 

Thomas H. Barry, 
Brigadier-General, U.S. Volunteers, Chief of Siaf. 



Headquarters Division of the Philippines, 

Manila, P. I., January £4, 1901. 
General Orders, Xo. 14. 

Before a military commission which convened at Bautista, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 9, Special Orders, Xo. 193, Headquarters Depart- 
ment of Northern Luzon, IS^ovember 9, 1900, and of which Capt. William L. Buck, 
Thirteenth U. S. Infantry, was president, and First Lieut. Palmer E. Pierce, Thir- 
teenth Y. S. Infantry, was judge-advocate, were arraigned and tried: 

I. Enrico Alarcon, a native. 

Charge I.— "Murder." 

Spedlicatioa 1. — "In that he, Enrico Alarcon, native, on or about February 15, 
1900, then, as now, a time of insurrection, at or near the barrio Abonagon, pueblo 
of Malasiqui, island of Luzon, P. I., a place then, as now, under the military govern- 
ment of the United States, in company of, and consorting with, a band of ladrones, 
armed with deadly weapons, to wit, Mauser and Pemington rifles and bolos, did 
willfully, feloniously, and with malice aforethought kill and murder one Gabil 
Estrado, a native, by shooting him with said rifles, held in the hands of members of 
said band, inflicting wounds therewith whereof he the said Gabil Estrado, then and 
there died; he, the said Enrico Alarcon, being then and there aiding and cooperating 
with said band. This at the time and place above specified." 

Specification 2. — "In that he, Enrico Alarcon, native, on or about November 23, 
1899, then, as now, a time of insurrection, at the town of Malasiqui, pueblo of 
Malasiqui, province of Pangasinan, island of Luzon, P. I., a place then, as now, 
under the military government of the United States, in company of, and consorting 
with, a band of ladrones, armed with deadly weapons, to wit, ^Nlauser and Reming- 
ton rifles and bolos, did call from their houses, bind and carry to a secluded spot near 
the town of ^Malasiqui. pueblo of ^Malasiqui, province of Pangasinan, island of Luzon, 
P. I., and there willfully, feloniously, and with malice aforethought murder and kill 
the following-named natives, to wit: Antonio Mejia, local president of pueblo of 
Malasiqui; Cecilio Bulatao, justice of the peace, pueblo of Malasiqui; Macaiio Mejia, 
delegate, pueblo of Malasiqui; Francisco Macaraeg, delegate, pueblo of ^lalasiqui; 
Felix Centeno, delegate, pueblo of Malasiqui; Jacinto Centeno, citizen, pueblo of 
Malasiqui, by shooting them, the above-named natives, with said rifles, held in the 
hands of said band, inflicting wounds therewith whereof they, the above-named 
natives, did then and there die; he, the said Enrico Alarcon, l^eing then and there 
present, aiding and cooperating with said band. This at the time and place above 
specified." 

Charge II.— "Robbery." 

Specification 1. — "In that he, Enrico Alarcon, native, on or about Novem])er 23, 
LS99, then, as now, a time of insurrection, at the town of Malasiqui, pueblo of 
]Malasiqui, province of Pangasinan, island of Luzon, P. I., a place then, as now, 
under the military government of the United States, in company of and consorting 
with a band of ladrones, armed with deadly weapons, to wit, ^lauser and Remington 
rifles and bolos, did feloniously and forcibly take from the presence of INIaria Centeno, 
widow of murdered i)resident of ^lalasiqui, a quantity of money and jewelry valued 
at three hundred pesos, more .or less, the property of said Maria Centeno: and did, 



96 CHARGES OF CKUELTY, ETC., TO FILIPINOS. 

at the time and place above specified, feloniously and forcibly take from the presence 
of Francisco Macaraeg, citizen of Malasiqni, a quantity of money and valuables, value 
unknown, the property of said Francisco ^^lacaraeg; and did, at the time and place 
above specitied, feloniously and forcibly take from the presence of Domingo Centeno, 
native of Malasiqui, two hundred and fifty pesos, more or less; three saddles, value 
unknown; two horses, valued at fifty pesos, more or less, and merchandise to the 
value of two hundred and fifty pesos, more or less, the property of said Domingo 
Centeno; the said Enrico Alarcon being then and there aiding and cooperating with 
said band. This at the time and place above specified." 

Specification II. — "In that he, Enrico Alarcon, native, on or about November 24, 
1899, then, as now, a time of insurrection, at or near the town of Malasiqui, pueblo 
of Malasiqui, Province of Pangasinan, Island of Luzon, P. I., a place then, as now, 
under the military government of the United States, in company of, and consorting 
with, a band of ladrones, armed with deadly weapons, to wit, Mauser and Remington 
rifles and bolos, did feloniously and forcibly take from the presence of one Ambrosia 
Macaranos, native, monej^ to the amount of thirty pesos, more or less, and merchan- 
dise to the value of one hundred and fifty pesos, more or less, property of said 
Ambrosia Macaranos, he, said Enrico Alarcon, being then and there present aiding 
and cooperating with said band. This at the time and place above specified." 

Plea.— "Not guilty." 

Finding. — Of the first specification, first charge, "guilty except of the words 
' Mauser and Remington,' and of the excepted words not guilty." Of the second 
specification, first charge, "guilty." Of the first charge, "guilty." Of the first 
specification, second charge, "guilty," except of the words 'Two hundred and fifty 
pesos, more or less, three saddles, value unknown; two horses, valued at fifty pesos, 
more or less, and merchandise to the value of two hundred and fifty pesos, more or 
less, the property of said Domingo Centeno,' substituting therefor the words 'one 
horse, value unknown, and one saddle valued at two and a half pesos,' and of the 
excepted words 'not guilty,' and of the substituted words guilty." Of the second 
specification, second charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Enrico Alarcon, a 
native, "To be hung by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring therein." 

11. Esteban Palaganas. 

Chaege I. — "Murder." 

Specification 1. — "In that he, Esteban Palaganas, a native, on or about November 
23, 1899, then, as now, a time of insurrection against the lawful authority of the 
United States, at the pueblo of Malasiqui, Province of Pangasinan, Island of Luzon, 
Pf I., a place then, as now, under the military government of the LTnited States, in 
company of, and consorting with, a band of ladrones, armed with deadly weapons^ 
to wdt, Mauser and Remington rifles and bolos, did call from their houses, bind, and 
carry to a secluded spot near the town of Malasiqui, Province of Pangasinan, Island 
of Luzon, P. I., and did there wilfully, feloniously, and with malice aforethought 
murder and kill the following-named natives, to wit, Antonio Mejia, local presidente 
of the pueblo of Malasiqui; Cecilio Bulatao, justice of the peace, pueblo of Malasiqui; 
Mecario Mejia, delegate, pueblo of Malasiqui; Felix Centeno, a delegate, pueblo of 
Malasiqui; Gavino Macasieb, delegate, pueblo of Malasiqui; Jacinto Centeno, a citizen 
of Malasiqui, by shooting them, the above-named natives, \^'ith said rifles, held in 
the hands of said band, inflicting wounds therewith whereof they, the above-named 
natives, did then and there die; he, the said Esteban Palaganas, being then and there 
present, aiding and cooperating with said band. This at the time and place above 
specified." 

Charge II. — "Robbery." 

Specification 1. — "In that he, Esteban Palaganas, native, on or about November 23, 
1899, then, as now, a time of insurrection against the lawful authority of the United 
States, at the pueblo of Malasiqui, Province of Pangasinan, Island of Luzon, P. L, 
a place then, as now, under the military government of the United States, in company 
of, and consorting with, a band of ladrones armed with deadly weapons, to wit, 
Mauser and Remington rifles and bolos did feloniously and forcibly take from the 
presence of Maria Centeno, widow of murdered presidente of Malasiqui, a quantity 
of money and jewelry, valued at three hundred pesos, more or less, the property of 
the said ^Nlaria Centeno; and did, at the time and place above specified, feloniously 
and forcibly take from the presence of Francisco Macaraeg a quantity of money and 
valuables, value unknown, property of said Francisco Macaraeg; and did, at the 
time and place above specified, feloniously and forcibly take from the presence of 
Domingo Centeno two hundred and fifty pesos, more or less, three saddles, value 
unknown, two horses, valued at fifty pesos, more or less, and merchandise to the 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 97 

value of two hundred and fifty pesos, more or less, the property of said Domingo 
Centeno; and did at the time and place above specified feloniously and forcibly take 
irotn the presence of Maria Cayabyab one hundred pesos, more or less, and a quantity 
of jewelry, value unknown, the property of the said Maria Cayabyab; and did, at the 
time and place above specified, feloniously and forcibly take from the presence of 
Matea Tuazon seventy pesos, more or less, and a quantity of jewelry, value unknown, 
the property of the said Matea Tuazon; he, the said Esteban Palaganus, aiding and 
cooperating with said band. This at the time and place above specified." 

Pleas.— "Not guilty." 

FixDiNCis. — Of the specification, first charge, "guilty, except of the words 'Mauser 
and Remington, ' and of the excepted words, not guilty. ' ' Of the first charge, ' ' guilty. ' ' 
Of the specification, second charge, "guilty, except of the words 'Mauser and Reming- 
ton,' and of the words 'value unknown, property of said Francisco Macaraeg,' substi- 
tuting for the latter the words ' valued at about four hundred pesos, property of said 
Francisco Macaraeg;' and except the words 'two hundred and fifty pesos, more or 
less, three saddles, value unknown, t\vo horses valued at fifty pesos, more or less, 
and merchandise to the value of two hundred and fifty pesos,' substituting therefor 
the words 'two horses, value unknown, and two saddles valued at five pesos,' and 
except of the words 'value unknown, the property of the said Maria Cayabyab,' 
substituting therefor the words ' valued at about one hundred pesos, the property of 
the said Maria Cayabyab,' and except of the words 'value unknown, the property of 
the said Matea Tuazon,' substituting therefor the words 'valued at about fifty pesos, 
the property of the said Matea Tuazon,' and of the excepted words not guilty, and 
of the substituted words guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Esteban Palaganas, 
native, " To be hung by the neck until dead, two-thirds of the members concurring 
therein, at such time and place as the reviewing authority may direct." 

III. Leopoldo Salvador. 

Charge I. — "Murder." 

Specification. — "In that he, Leopoldo Salvador, native, on or about November 23, 
1899, then, as now, a time of insurrection, at or near the pueblo of Malasiqui, island 
of Luzon, P. I., a place then, as now, under the military government of the United 
States, in company of, and consorting with, a band of native men armed with deadly 
weapons, to wit, rifles, revolvers, and bolos, did wilfully, feloniously, and with malice 
aforethought kill and murder the following-named natives, to wit: Antonio Mejia, 
Cecilio Bolatao, Macario Mejia, Francisco Marcaraeg, Gabino Macacieb, Felix Cen- 
teno, and Juan Centeno, by shooting them, the said A. Mejia, Bolatao, M. Mejia, 
Macaraeg, Macacieb, F. Centeno, and J. Centeno, with said rifles and revolvers; and 
by stabbing them, the said A. Mejia, Bolatao, M. Mejia, ]Macaraeg, Macacieb, F. 
Centeno, and J. Centeno, with bolos, held in the hands of members of said band, 
inflicting wounds therewith whereof they, the said A. Mejia, Bolatao, M. Mejia, 
Macaraeg, Macacieb, F. Centeno, and J. Centeno, then and there died; he, the said. 
Leopoldo Salvador, being then and there present, aiding and cooperating with said 
band. This at the time and place above specified." 

Charge II.— "Robbery." 

Specification. — "In that he, Leopoldo Salvador, native, on or about November 23, 
1899, then, as now, a time of insurrection, at or near the pueblo of Malasiqui, Island 
of Luzon, P. L, a place then, as now, under the military government of the L'nited 
States, did, at the point of a revolver, feloniously take, steal, and carry away from 
the house of one 5largarita Macaraeg, native, certain articles of clothing, of value 
unknown, the property of said Margarita Macaraeg. This at the time and place 
above specified." 

Plea.— "Not guilty." 

Finding. — Of the specification, first charge, "guilty, except of the words 'Juan 
Centeno' and 'J. Centeno' wherever they occur, and the word 'bolos' wherever it 
occurs, substituting for the latter word in each case the words 'bolos or bayonets,' 
and of the excepted words not guilty, and of the substituted words guilty." Of the 
first charge, "guilty." Of the specification, second charge, "not guilty." Of the 
second charge, "not guilty." 

Sentence. — x\nd the commission does therefore sentence him, Leopoldo Salvador, 
native," To be hung by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring therein." 

In the foregoing cases of Enrico Alarcon, Esteban Palaganas, and Leopoldo Salva- 
dor, natives, it appears of record that the first named was the leader and the two 
others active members of a band of ladrones, that, armed with rifles and bolos, 
al)out midnight entered the pueblo of Malasiqui and, surrounding the house of the 
presidente, induced him by threats to give orders that the cabezas and other oflicials 

S. Doc. 205, pt 2 7 



98 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

of the pueblo should assemble at his house, which being done, the band bound them, 
and after a delay sufficient to accomplish the looting of the houses of their captives, 
marched them to a point a few yards beyond the limits of the pueblo and there with 
rifles shot them to death. 

Eobbery appears to have been the sole inducement for committing this barbarous 
murder of respected and laAv-abiding citizens of ]Malasiqui. 

The sentences, approved by the department commander, are confirmed, and will 
be duly excuted at the pueblo of Malasiqui, Province of Pangasinan, Luzon, P. I., 
on the fifteenth (15) day of February, A. D. 1901, under the direction of the com- 
manding general. Department of Northern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Baery, 
Brigadier-General, United States Volunteers, Chief of Staff. 



Headqt'Aetees Division of the Philippines, 

Manila, P. I., January 26, 1901. 
General Orders, No. 16. 

Before a mihtary commission which convened at Binalonan, province of Pangasinan, 
Luzon, P. I. , pursuant to paragraph 4, Special Orders, No. 63, Headquarters Department 
of Northern Luzon, June 25, 1900, and of which Maj. Joseph W. Duncan, 13th U. S. 
Infantry, was president, and First Lieut. Harvey AV. Miller, 13th L^. S. Infantry, was 
judge-advocate, were arraigned and tried Pascual Camarao and Leocadio Andres, 
natives. 

Chaege I. — "Assault and battery with intent to do bodily harm." 

Specification. — "In that they, Pascual Camarao and Leocadio Andres, natives, in 
company of and consorting with armed outlaws to the number of eight, more or less, 
did, in time of insurrection, enter the barrio of San Felipe, pueblo of Binalonan, 
province of Pangasinan, P. I., a place then, as now, in the theater of military opera- 
tions, and did unlawfully seize, bind, and conduct therefrom, with intent to do bodily 
harm, Ambrosio Raymondo and Andres Villaflor, natives, lawfully residing in said 
barrio. This at the place above specified on or about December 24, 1899." 

Charge II. — "Murder." 

Specif cat ion. — "In that they, Pascual Camarao and Leocadio Andres, natives, in 
company of, and consorting with a band of outlaws, eight, more or less, in number, 
armed with guns and bolos, did willfully, feloniously, and with malice aforethought, 
mii]-der and kill Ambrosio Raymondo, native, by cutting and stabbing the said Ray- 
mondo with bolos held in the hands of the said Camarao and Andres and of the said 
outlaws, inflicting wounds therewith whereof he, the said Raymondo, then and there 
died. This in time of insurrection on or about December 24, 1899, at or near the 
barrio of Santo Domingo, pueblo of San Manuel, province of Pangasinan, P. I., a place 
then, as now, in the theater of military operations." 

Pleas.— "Not guilty." 

Findings. — "Guilty." 

Sentence. — And the commission does therefore sentence them, Pascual Camarao 
and Leocadio Andres, natives, and each of them, "To be hung by the neck until they 
are dead, at such time and place as the reviewing authority may direct, two-thirds of 
the members concurring therein." 

In the foregoing case of Pascual Camarao and Leocadio Andres, natives, who were 
jointly tried, it appears from the evidence that Pascual Camarao had been denied the 
privilege of cutting bamboo from the property owned by the deceased. No other 
motive appears to explain why, with a band of follow^ers, he kidnaped, carried away, 
and, with the assistance of Leocadio Andres, with bolos, delivered the fatal blows 
which took the life of a law-abiding man. 

The sentences, as approved by the department commander, are confirmed and will 
be duh' executed at pueblo of San Manuel, province of Pangasinan, Luzon, P. L, on 
the fifteenth (15th) day of February, A. D. 1901, under the direction of the command- 
ing general. Department of Northern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



CHARGES OF CRUELTY, ETC., TO FILIPIXOS. 99 

Headquarters Division of the Philippines, 

Manila, P. I., January 25, 1901. 
General Orders, No. 17. 

Before a military commission Avhich convened at Dagupan, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 14, Special Orders, No. 178, Headquarters Depart- 
ment of Xorthern Luzon, October 24, 1900, and of which 3Iaj. Charles A. AVilliams, 
Seventeenth United States Infantry, was president, and First Lieut. Thomas L. Smith, 
Seventeenth United States Infantry, was judge-advocate, were arranged and tried: 

Julian Robillos, Dalmacio Robillos, Eugenio Soverano, Mariano Doria, Eulogio 
Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, and Garciano Mislang, 
natives. 

Charge I. — "Murder." 

Specification. — "In that Julian Robillos, Dalmacio Eobillos, Eugenio Soverano, 
Mariano Doria, Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario INIanaoes, 
and Garciano Mislang, natives, and each of them, being members of a band of natives 
armed with firearms and bolos, on or about March 1, 1900, a time then, as now, of 
insurrection against the lawful authority of the United States in territory then, as 
now, occupied by United States troops, did willfully, feloniously, and with malice 
aforethought kill and murder Gregorio Mamaril, Valentina Mamaril, Francisco Bau- 
tista, Dorotea Bautista and Policarpio Bautista, by cutting them the said Gregorio 
Mamaril, Valentina Mamaril, Francisco Bautista, Dorotea Bautista, and Policarpio 
Bautista, with bolos held in the hands of members of the said band, names unknown, 
inflicting womids therewith, whereof the said CTregorio Mamaril, Valentina Mama- 
ril, Francisco Bautista, Dorotea Bautista, and Policarpio Bautista, then and there 
died. This in or near the barrio Canaoalan, Binmaley, Pangasinan, P. I., on or about 
the date specified." 

Charc+e II. — "Kidnax)ing." 

Specification. — "In that Julian Robillos, Dalmacio Robillos, Eugenio Soverano, 
Mariano Doria, Eulogio Eoria, Augustin Yson, Juan Fernandez, Hilario Manaoes, 
and CTarciano Mislang, natives, and each of them, being members of a band of natives 
armed with firearms and bolos, on or about March 1, 1900, a time then, as now, of 
insurrection against the lawful authority of the L'. S. in territory then, as now, occu- 
pied by U. S. troops, did unlawfully, feloniously, and forcibly seize and take from 
their house and conduct away from the said house, against their will, Gregorio Mam- 
aril, Valentina Mamaril, Francisco Bautista, Dorotea Bautista, and Policarpio Bau- 
tista. This in or near the barrio of Canaoalan, Binmaley, Pangasinan, P. I., on or 
about the date specified." 

Charge III.— "Arson." 

Sj:)ec{ticc(tion. — "In that Julian Robillos, Dalmacio Robillos, Eugenio Soverano, 
^Mariano Doria, Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, 
and Garciano Mislang, natives, and each of them, being members of a band of natives 
armed with firearms and bolos, on or about !March 1, 1900, a time then, as now, of 
insurrection against the lawful authority of the U. S. in territory then, as now, occu- 
pied by U. S. troops, did willfully, feloniously, and maliciously set fire to and burn a 
dwelling house, the property of and occupied by Gregorio Mamaril. This in or near 
the barrio of Canaoalan, Bmmaley, province of Pangasinan, P. I., on or about the 
date specified." 

Charge IV. — "Conduct to the prejudice of the good order and peace of the prov- 
ince of Pangasinan." 

Specification. — "In that Julian Robillos, Dalmacio Robillos, Eugenio Soverano, 
Mariano Doria. Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, 
and Cxarciano ^lislang, natives, and each of them, did collect, or attempt to collect, 
money for the support of so-called insurgent soldiers, enemies of the United States in 
the field. This in the barrio of Canaoalan, Binmaley, province of Pangasinan, terri- 
tory then, as now, occupied by U. S. troops during the months of January, Feb- 
ruary, March, and April, 1900, a period then, as now, of insurrection against the 
lawful authoritv of the Ignited States." 

Pleas.— "Xot guilty." 

findings. 

Of the specification, first charge, "guilty except of the words 'March 1, 1900,' 
substituting therefor the words 'Decem])er 9, 1899.' 04 the excepted words, not 
guilty and of the substituted words, guilty." 

Of the first charge, "guilty." 

Of the specification, second charge, "guilty, except of the words '^March 1, 1900,' 
substituting therefor the words 'December' 9, 1899.' Of the excepted words, not 
guilty, and of the substituted words, guilty." 



100 OHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

Of the second charge, "guilty." 

Of the specification, third charge, "not guilty." 

Of the third charge, "not guilty." 

Of the specification, fourth charge, "guilty except of the words 'January and 
February.' Of the excepted words, not guilty." 

Of the fourth charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Dalmacio Robillos, 
Eugenio Soverano, ^Mariano Doria, Enlogio Doria, Augustin Yson, Juan Fernandez, 
Hilario Manaoes, and Garciano ^Mislang, and each of them, "To be confined at hard, 
labor, at such place as the reviewing authority may direct, for the period of thirty 
years;" and the said Julian Robillos, "To be confined at hard labor, at such place 
as the reviewing authority may direct, for the period of his natural life." 

In the foregoing case of Julian Robillos, Dalmacio Robillos, Eugenio Soverano, 
Mariano Doria, Eulogio Doria, Augustin Yson, Juan Fernandez, Hilario Manaoes, 
and Garciano Mislang, natives, who were jointly tried, it appears of record that a 
band of men armed with rifles, pistols, and bolos, seized in the nighttime a family of 
five persons, and taking their captives less than four hundred yards away, killed 
them with bolos and left their bodies lying dead upon the margin of a fish pond. 
One of the family, a woman, escaped after she had been threatened with violence 
by these accused, whom she had long known, plainly recognizee!, and saw them 
carry away her relatives — the deceased. Her testimony is confirmed by many wit- 
nesses in relation to the kidnaping, finding the dead bodies, and their burial. One 
witness, an ex-policeman, testified he followed the band, and from a short distance 
saw them deliver with bolos the fatal wounds whereof their victims died. 

The motive for the murcier— clearly brought out in the evidence — was the punish- 
ment of a family that had refused to pay taxes for the support of the insurgent forces. 
There being no reasonable doubt that these accused are guilty as charged, their sen- 
tences — approved by the department commander — are confirmed and will be duly 
executed. The Presidio de Manila is designated as the place of confinement, to 
which place the prisoners will be sent under proper guard. 

By command of Major-CTeneral MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., January ^5, 1901. 
General Orders, No. 18. 

Before a military commission which convened at Tanauan, province of Batangas, 
Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 192, Headquarters Depart- 
ment of Southern Luzon, October 24, 1900, and of which Major John H. Parker, 
39th Infantry, U. S. Volunteers, was president, and 1st Lieutenant Edward H. AVhite, 
S9th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried. 

I. Francisco Rubio, native. 

Charge. — " Being a spy." 

Specification 1. — "That he, Francisco Rubio, native, a recruiting agent of the insur- 
recto forces, did enter the town of Tanauan, P. I., in white clothing, not the uniform 
of said forces, and did observe the drills, exercises, and inspections of the troops of 
the L'nited States there stationed. This at Tanauan, province of Batangas, Luzon, 
P. I. , then, as now, in time of insurrection against the L^uited States, between the 
dates of September 10 and 30, 1900— about the 15th of September, 1900." 

Specification 2. — "In that he, Francisco Rubio, native, did lurk about the lines of 
the forces of the L^nited States, engaged in seeking information of a military nature, 
namely, the disposition of the inhabitants of the vicinity of Tanauan, province of 
Batangas, Luzon, P. L, toward the insurgent army, and the names of such inhab- 
itants of said vicinity as were willing to serve as soldiers in the insurgent army. This 
at and near Tanauan, province of Batangas, Luzon, P. I., between the dates of Sep- 
tember 8 and September 20, 1900, then, as now, in time of insurrection against the 
United States." 

Plea.— "Not guilty." 

Finding. — Of the first "specification, "guilty, except of the words 'September 10 
and September 30, 1900 — about the 15th^ of September, 1900,' substituting therefor 
the words 'between the dates of September 1 and September 12, 1900,' and of the 
excepted words not guilty and of the substituted word guilty." Of the the second 
specification, "guilty." Of the charge, "guilty." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 101 

Sentence. — And the oonimission does therefore sentence him. Francisco Rubio, 
native. " to be hanged by tlie neck, at snch a place and time as the reviewing author- 
ity may direct, until he is dead, two-thirds of the members of the commission therein 
concurring. ' ' 

In the foregoing case of Francisco Rubio, native, it appears from the record that 
the accused was a stranger to the inhabitants of Tanauan; that he came among them 
as a teacher of a new society and exhorted the people to go with their families into 
the mountains, there " to learn the new religion,*' and offering as further induce- 
ment that at the place of worship in the mountains there was nothing to do and 
plenty to eat; that he succeeded in getting a large number of people about him and 
so disturbed and excited them that they left their ordinary avocations in such num- 
bers that the presidente of the pueblo deemed it his duty to arrest and restrain him, 
A few days after his arrest the accused sought an interview with the commanding 
ofticer of the American forces and voluntarily revealed to him that he was a captain 
of insurgents and claimed the treatment due to his rank: that he had then secured 
many recruits in Tanauan for the insurgent forces, and that his object in teaching a 
new religion was to induce the people to go to the mountains, knowing that if he could 
get the families there it would then be an easy matter to make insurrectos of the men. 

That the accused practiced deception upon the credulous among the people sub- 
stantially after the manner and for the purpose described; and that incidentally he 
acted the part of a spy the evidence of many witnesses leaves no reasonable doubt. 

In his action upon the case the department commander remarked as follows: 

"Two of the members of the commission and the judge-advocate were material 
witnesses against the accused. Though the trial seems to have been conducted with 
entire fairness by the commission, yet the counsel for the accused, upon learning that 
members of the commission were to appear as witnesses for the prosecution, should 
have exercised his right of challenge. 

" There being no doubt, however, in the mind of the department commander of 
the guilt of this native and his deserving the penahy imposed by the sentence of the 
commission, the sentence is approved. But, in view of the circumstances mentioned 
above, it is recommended that the sentence be mitigated to continement at liard labor 
for twenty years." 

The foregoing remarks of the department commander are concurred in and the 
sentence, as approved and recommended for mitigation, is confirmed, and will be 
duly executed at the Presidio de ^Manila, to which place the prisoner will be sent 
under proper guard. 

II. Francisco Rubio, Elagio Malales (alias Eulogio Maloles),Vincente biotas (alias 
Vicente biotas) , Pantaleon ^lasunsong, Valentine ^lercado, Camilo Carandang. Felix 
Binas (alias Feliz Binas), Andoy Rimas, Baldomero Austria, and Leon Tabier, natives. 

Charge.^" Being war rebels." 

Spi'citicatioi) 1. — "In that Vincente ^Nlotas (alias Vicente ^lotas), Francisco Rubio, 
Elagio Malales (alias Eulogio ^faloles), Pantaleon Masunsong. Valentine ^lercado, 
Camilo Carandang, Felix Binas (alias Feliz Binas), Andoy Rimas. Baldomero Austria, 
and Leon Tabier, natives, and other natives whose names are unknown, l^eing citizens 
of and living and remaining in territory occupied by the United States Army, said 
territory being under military government, established by the United States, did 
confederate, combine, conspire, and agree to rise in armed violence against the forces 
and authority of the United States in said territory. This in time of insurrection, at 
or near the pueblo of Tanauan, province of Batangas, Luzon, P. I., during the 
month of September, 1900." 

Specification 2. — ''In that Vincente biotas (alias Vicente Motas), Francisco Rubio, 
Elagio Malales (alias Eulogio Maloles) , Pantaleon Masunsong, Valentine Mercado, 
Camilo Carandang, Fehx Binas (alias Feliz Binas), Andoy Rimas, Baldomero Austria, 
and Leon Tabier, natives, being citizens of and living and remaining in territory 
occupied by the United States Army, said territory being under military government 
established by the United States, did rise in arms against the forces and authority of 
the United States in said territory. This in time of insurrection, at or near the 
l>uebloof Tanauan, province of Batangas, Luzon, P. I., during the month of September. 
1900." 

Specification S. — "In that Vincente Motas (alias Vicente Alotas), Francisco Rubio, 
Elagio Malales (alias Eulogio ^Lilolcs), Pantaleon ^lasunsong. Valentine ^lercado, 
Camilo Carandang, Felix Binas (alias Feliz Binas), And.\v Rimas, Baldomero Aus- 
tria, and Leon Tabier, natives, and other natives whose names are unknown, being 
citizens of and living and remaining in territory occupied by the United States Army, 
said territory being under military government established by the United States, aiid 
having combined and conspired to rise in armed \ iolence against the forces and 
authority of the United States in said territory, did advise, encourage, and endeavor 



102 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

to persuade other natives, peaceable citizens of said territory, to join with them in 
rising in armed violence against said forces and authority of the United States. This 
in time of insurrection, at or near the pueblo of Tanauan, province of Batangas, 
Luzon, P. I., durins: the month of September, 1900." 

Pleas. — ' ' Xot guilty. ' ' 

Findings. — Francisco Eubio. Of the 1st specification, "guilty;" of the 2d specifi- 
cation, "guilty;" of the 3d specification, "guilty;" of the charge, "guilty." 

Elagio Malales (alias Eulogio Maloles): Of the first specification, "guilty;" of the 
second specification, "not guilty;" of the third specification, "guilty;" of the charge, 
"guilty." 

Vincente Motas (alias Vicente Motas), Pantaleon Masunsong, A^alentine Mercado, 
Caniilo Carandang, Felix Binas (alias Feliz Binas), Andoy Rimas, Baldomero Austria, 
and Leon Tabier: "not guilty." 

Sentence. — And the commission does therefore sentence him, Francisco Rubio, 
native, "to be hanged b}^ the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission therein con- 
curring." 

And the commission does therefore sentence him, Elagio Malales (alias Maloles), 
native, "To be confined at hard labor, at such a place as the reviewing authority 
may direct, for a period of nineteen (19) years." 

And the commission does therefore acquit Vincente Motas (alias Vicente Motas), 
Pantaleon Masunsong, Valentine Mercado, Caniilo Carandang, Felix Binas (alias 
Feliz Binas) , Andoy Eimas, Baldomero Austria, and Leon Tabier. 

In the foregoing case of Vincente Motas (alias Vicente Motas), Francisco Rubio, 
Elagio Malales (alias Eulogio Maloles), Pantaleon Masunsong, Valentine Mercado, 
Camilo Carandang, Felix Binas (alias Feliz Binas) , Andoy Rimas, Baldomero Austria, 
and Leon Tabier, natives, who were jointly tried, there is much evidence going to 
show that all these accused, except Francisco Rubio, had been recruited in Tanauan 
for the insurgent forces. The commission, however, has found that these men w^ere 
not recruited in Tanauan and are not guilty in any manner or form of raising "in 
armed violence" against the authority of the United States, except Francisco Rubio 
and Elagio Malales (alias Eulogio Maloles). In the case of the said Malales (alias 
Maloles) the record reveals no reason why he was excepted from those of the accused 
who were acquitted, except only that he appears to have been a stranger in Tanauan. 
This distinction appears to lack sufficient significance for the finding and sentence in 
his case, W'hich are therefore disapproved. 

In the case of Francisco Rubio, this accused had recenth' been tried, convicted of, 
and sentenced to be hanged for "being a spy;" and the prosecution in that case relied 
upon practically the same state of facts as that developed in this. While it may be 
urged with much force that this is not a second trial within the meaning. of the con- 
stitutional prohibition that no man shall be tried a second time for the same offense, 
it nevertheless too severely strains the accepted rules whereby the question whether 
or not a second trial has been had, to relieve the case of all doubt of its illegality. 

In view of the foregoing remarks, the proceedings, findings, and sentence in the 
case of this accused are therefore disapproved. 

By command of Major-General Mac Arthur: 

Thomas H. Baery, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquartees Division of the Philippines, 

Mcniila, P. I., February 1, 1901. 
General Orders, Xo. 22. 

Before a military commission which convened at Santa Maria, province of Bulacan, 
Luzon, P. L, pursuant to paragraph 1, Special Orders, No. 53, Headquarters Depart- 
ment of Northern Luzon, June 15, 1900, and of which Maj. Albert Laws, 35th Infan- 
try, U. S. A^olunteers, was president, and First Lieut. Alvin C.Voris, 35th Infantry, 
L"^. S. Volunteers, was judge-advocate, was arraigned and tried Roberto Mendoza, 
native. 

Ch a rge. — ' ' Murder. ' ' 

Specification. — "In that Roberto Mendoza, native, in company of, and consorting 
with, a band of armed outlaws of certain Filipinos, names and numbers unknown, 
under the leadership of one Bonifacio IMorales, did feloniously, willfully, and with 
malice aforethought murder and kill one Juan de Vera, a Filipino, by cutting his 
throat with a bolo, held in the hands of said band, thereby causing the death of the 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 103 

said Juan de Vera. This in time of insurrection at Sitio de Bajaypari, province of 
Bulacan, P. I., on or about the 19th day of September, 1900." 

Plea.— "Not suilty." 

Finding.— "Guilty." 

Sentence. — And the commission does, therefore, sentence him, Roberto Mendoza, 
a native, ' ' to l3e hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Roberto IMendoza, native, it appears from the evidence 
that the accused was a ' ' teniente " of a band of insurrectos under the leadership of 
one Lieutenant Colonel Bonifacio Morales; that the said Morales had caused Juan de 
Vera to be seized and delivered to him, and without accusation or form of trial had 
directed the accused to kill him. In obedience to this unlawful order the accused 
took the deceased, who was bound and helpless, into the fields, where he was made 
to sit down, and while the accused held his hands, "his assistant," Juan de la Cruz, 
held his head and with a knife cut his throat and thereby inflicted a wound from 
W'hich the said Juan de Vera then and there died. 

Officers and soldiers of the band of insurgents to which the accused belonged tes- 
tify that he did this murder in the manner described, and say that the only reason 
for taking the life of this unoffending man was because he was a kinsman of Juan 
Jose, who was chief of police of Santa Maria under American authority. 

The law absolves all officers and soldiers who disobey the unlawful orders of their 
superiors, and they fall under its condemnation if, in obedience to such unlawful 
orders, they take the life of any person. As an officer of insurgents the accused must 
be presumed to have had sufficient intelligence to have understood the reason, well 
known by his comrades, why he was called upon to take the life of the deceased, 
whom he well knew had done no wrong. It was the plain duty of the accused to 
refuse to act the part of a murderer. 

. The sentence, approved by the Department Commander, is confirmed, and will be 
duly executed at the pueblo of Santa Maria, province of Bulacan, Luzon, P. I., on 
the fifteenth ( 15th ) day of February, A. D. 1901, under the direction of the commanding 
general. Department of Northern Luzon. 

By command of Ma jor-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., February 1, 1901. 
General Orders, No. 23. 

Before a military commission which convened atTarlac, province of Tarlac, Luzon, 
P. I., persuant to paragraph .3, Special Orders, No. 193, Headquarters Department of 
Northern Luzon, November 9, 1900, and of which Maj. Henry C. Ward, 12th U. S. 
Infantry, was president, and First Lieut. George H. Shields, jr., 12th U. S. Infantry, 
was judge-advocate, was arraigned and tried Geronimo Velasco, native. 

Charge. — "Violation of the laws of war." 

Specification. — "In that Geronimo Velasco, being an insurgent officer, and having 
surrendered on the 22d day of May, 1900, to the United States authorities at Tarlac, 
province of Tarlac, P. I., and having on the 21th day of May, 1900, voluntarily taken 
an oath to bear true faith and allegiance to the L^'nited States Government, did, in 
violation of said oath and the laws of war, retain in his custody and control at time 
of such surrender, and subsequently, a number of rifles — 50 more or less — with 2,000 
rounds of ammunition more or less — a part of said ammunition being loaded with 
explosive bullets; which rifles and ammunition the said Velasco did issue from 
time to time to various parties for use in arming parties for the purpose of intim- 
idating the natives in the pueblo of Victoria and adjoining territory, and aiding and 
maintaining guerrilla warfare and unlawfully resisting the authority of the LTnited 
States. This in time of insurrection and within the theater of military operations in 
said province, between the 22d day of Mav, 1900, and the 1st dav of December, 1900." 

Plea.— "Not guilty." 

Finding. — Of the specification, "guilty, except the word 'retain,' substituting 
therefor 'have,' and except the words 'at the time of such surrender and;' of the 
excepted words not guilty, and of the substituted word guilty." Of the charge 
"guilty." 

Sentence. — And the commission does therefore sentence him, Geronimo Velasco, 
"to be confined at hard labor, at such place as the reviewing authoritv may direct, 
for the period of twenty years." 

In the foregoing case of Geronimo Velasco, native, it appears from the evidence 



104 CHAEGES OF CRUELTY, ETC., TO FILIPINOS 

that the accused held the rank^of major in the insurgent forces; that, in May, 1900,. 
he vohmtarily surrendered and took the oath of allegiance to the United States; that 
he turned in, at the time of his surrender and subsequently thereto, three hundred 
and twenty rifles, more or less, and was paid by the United States at the rate of 30 
j)esos for each rifle. Later it developed that he had left in charge of a trusted insur- 
gent about fifty rifles additional which he had power to surrender but did not, and 
which by written and verbal orders he caused to be distributed among the people 
where they became available for the use of the insurgents remaining in the hills. 

In his written orders upon his trusted agent, directing him to deliver rifles and 
ammunition to parties he named, the words "roosters" and "palay" were used, 
which by a prior understanding between them were to be translated as rifles and 
ammunition. In explaining his conduct before the commission the accused said 
that the words quoted were used "because there might be ladrones who would find 
that there were guns and get them for themselves," and " in order not to compro- 
mise anyone." He also claimed that he had been actuated b}^ the humane motive 
of arming his friends against the ladrones and urged, in addition, that he had acted 
upon the orders of his former insurgent chief. General Macabulos, who had also 
sworn allegiance to, and was then living under the protection of the United States. 
The accused admitted that he knew that General Macabulos had no authority to- 
give him orders in the premises, and also that when he had been questioned by the 
American authorities concerning the rifles he had failed to surrender, that he denied 
all knowledge of them and that, in this, he answered falsely. 

That the accused is guilty as charged and that, taken as a whole, his conduct as 
revealed by the evidence was such as to fully negative his defense — that he acted 
from worthy motives without treasonable intent — there is no reasonable doubt. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., February 1, 1901. 
General Orders, No. 24. 

Before a military commission which convened at San Felipe Nery and El Deposito^ 
Province of Manila, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 197, 
Headquarters Department of Northern Luzon, November 14, 1900, and of which 
Lieut. Col. George L. Byram, Twenty-seventh Infantry, U. S. Volunteers, was presi- 
dent, and Capt. Charles R. Howland, Twenty-eighth Infantry, U. S. Volunteers, was 
judge-advocate, was arraigned and tried: 

I. Bonaventura Domingo, native. 

Charge. — "Communicating with the public enemy, in violation of the laws and 
usages of war." 

Specification. — "In that Bonaventura Domingo, a native, having been duly elected, 
under the provisions of G. 0., No. 43, Headquarters Department of the Pacific and 
Eighth Army Corps, series 1899, local presidente of, and being at the time a resident of 
the town of San Felipe Nery, did write or cause to be written, and did sign, as local 
presidente, and did deliver or cause to be delivered to one Licerio Geronimo, a chief 
of a band of insurgents in rebellion against the authority of the United States and 
known by the title 'The superior military chief of the district of Morong and of the 
2d and 3d zones of Manila,' a letter in words and figures as follows: 

Preside Local de San Felipe Nery, 3 Ob«. 1900. 

"Ajunto tengo el honor de remitir a V. original del acta de la sesion celebrada en 
el dia diez y seis del actual referente al relevo del Vice-Presidente Sr. Fructuoso de 
Torres, por encontrarse continuamente enfermo e imposibilitado para ejercer lo dicho 
cargo, y resulto clespues de una larga y detenida conferencia con mayoria de votos 
recayo'la suerte al Sr. Manuel Castaiieda de esta misma vecindad en clase de pro- 
visional como aparece en el espresacla acta que los electores consideran apto y reune 
las circumstancias legales para el desempeno del espresado cargo. El que suscribe 
no puede nienos de participar a V. con inclusion de la referida acta, rogdndole al pro- 
pio tiempo por si e su superior agrado se digne aprobar sea ya el propietario Vice- 
Presidente, Puesto que este individuo por su estado y modo de proceder es digno de 
coadyubar en los preferentes despachos de esta presidencia. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 105 

' ' No obstante de lo espuesto su alto criterio dispondni lo que estime procedente 
dictar. 

" Dios guarde :'i V. muchos ailos. Sn. Felipe Xery, 29 de Setiembre de 1900. 

"El PresicV*^. Local. Biienav'^. Domingo.', 

(Addressed on outside to) "Sor. Jefe Superior Militar del D'to de Morong y de la 
2^ y 3^ zona de Manila." 

"This in time of insurrection against the authority of the United States and in vio- 
lation of the laws and usages of war, at the said town of San Felipe Xery, Province 
of Manila, P. I., and other places unknown, on or about September 29, 1900." 

Plea.— "Not guilty." 

Finding. — Of the specification, "guilty, except the words 'elected under the pro- 
visions of G. 0., No. 43, Headquarters Department of the Pacific and Eighth Army 
Corps, series 1899, local presidente,' substituting therefor the words 'appointed, 
under the provisions of General Field Orders, No. 44, Headquarters First Division, 
Eighth Army Corps, local vice-presidente,' — of the excepted words, not guilty; of 
the substituted words, guilty." 

Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Bonaventura 
Domingo, native, "to be confined at hard labor, in such prison as the reviewing, 
authority may direct, for the period of his natural life." 

In the foregoing case of Bonaventura Domingo, native, it appears from the evi- 
dence that the accused accepted office under the authority of the United States in 
July, 1899, and that he continued in office, under said authority, as vice-presidente 
and^ presidente of the pueblo of San Felipe Nery until November, 1900, when the 
letter copied into the specification was, with other evidence of treasonable correspond- 
ence, captured in a camp from which a band of insurgents had been routed by Ameri- 
can troops. 

It further appears from the evidence in the case that the accused, while outwardly 
performing the duties of presidente under American authority, was also surrepti- 
tiously acting in like capacity for the insurgents in the same jurisdiction, and held 
an official session of the "presidencia local" for the purpose of appointing a vice- 
presidente to officiate in the interests of the insurgents. The.-e acts clearly proven 
constitute the accused a war traitor. Upon this class of secret and most dangerous 
offenders the laws of war authorize the most extreme penalties. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

II. Bonaventura Domingo, Paulino de los Reyes, Venancio Latorre, Domingo O. 
Santos, and Vicente Castillo, natives. 

CharctE. — "Instituting a revolutionary government in a town occupied and held 
by the forces of the United States, and exercising the functions of government as a 
revolutionary body in said town, contrary to the laws and usages of war." 

^Specification. — "In that Bonaventura Domingo, Paulino de los Reyes, Venancio 
Latorre, Domingo 0. Santos, and Vicente Castillo, did, each one of them, in con- 
junction with all the others above named, and other persons unnamed, form a revo- 
lutionary government in the town of San Felipe Nery, province of Manila, Philippine 
Islands, said town being then, as now, under the jurisdiction of the United States 
and occupied by its armed forces, and did exercise the functions of a town govern- 
ment by passing an act of the council in words and figures as follows: 

"Presid". Local de San Felipe Nery. Nombres. Buenav. Domingo, Cosmo Carlos,. 
Florencio Ynocentes, Paulino de los Reyes, Venancio Latorre, Domingo O. Santos, 
Mariano de Guzman, Rafael Anastasio, Vicente Castillo, Julio Arcangel, Rufino 
Pascual . 

_ "En la Presidencia Local de San Felipe Nery, a diez y seis de Setiembre de mil nove- 
cientos, reunidos en Junta ordinaria los individuos que la componen y que al margen 
SB expresan, bajo la Presidencia del Senor (Vice) Presidente Don Buenaventura 
Domingo. Declarada abierta la sesion y leida el acta anterior dicho Sefior Presi- 
dente tomo la palabra manifestando a los presentes que el Vice-Presidente, Sr. Fruc- 
tuoso R. de Torrez, se hallando continuamente enfermo, Cjuedando por este motivo 
imposibilitado para ejercer su cometido, y necesitando nombrar otro en clase de pro- 
visional interin no se halle restablecido por la enfermedad que padece dicho Seiior 
Fructuoso con el fin de poder coadyudar en los preferentes despachos; la Junta 
enterada de esto con unanimidad proponen al Seiior flannel Castaneda, vecino de 
este dicho pueblo, (^ue los componentes de la Junta consideran apto para el desempeiio 
del expresado cargo en vista de que este reune las condiciones legales sobre el par- 
ticular. Siendo la hora de las doce en punto de este dia y no teniendo otra cosa mils 
que tratar, se levanto la sesion, firmaron despues del que preside el acto los que se 
hallan presentes, de que yo el Secretario certifico— Entre parentesis — Vice — no vale. 



106 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

' ' Pasan las firmas: Buenav ^ Domingo, Cosme Carlos, Paulino de los Reyes, Domingo 
Ondaz, Rafael Anastacio, Florencio Ynocentes, Venancio Latorre, Mariano de Guzman, 
Vicente Castillo, Julio Arcangel, Ruf " Pascual." 

"This in time of insurrection against the authority of the United States and in 
violation of the laws and usages of war, at the said town of San Felipe Nery, province 
of ^Manila, Philippine Islands, on September 16, 1900." 

Pleas.— "Not guilty." 

Findings. — Bonaventura Domingo: Of the specification, "guilty, except the words 
'in conjunction with all the others above named, and other persons unnamed,' and 
substituting therefor the words, 'with other persons unnamed;' of the excepted 
words, ' not guilt}^ ' ; of the substituted words, 'guilty.' " Of the charge, "guilty." 

Paulino de los Reves, Venancio Latorre, Domingo 0. Santos, and Vicente Castillo: 
"Not guilty." 

Sentence. — And the commission - does therefore sentence him, Bonaventura 
Domingo, native, "to be confined at hard labor, at such prison as the reviewing 
authority ma}' designate, for the period of twenty (20) years." 

And the commission does therefore acquit them, Paulino de los Reyes, Venancio 
Latorre, Domingo 0. Santos, and Vicente Castillo, natives. 

In the foregoing case of Bonaventura Domingo, Paulino de los Reyes, Venancio 
Latorre, Domingo O. Santos, and Vicente Castillo, natives, who Avere jointly tried, 
all save the defendant Bonaventura Domingo were acquitted by the commission 
and have been set at liberty. A plea in bar of trial was entered by Bonaventura 
Domingo upon the ground that he had once been tried for the same offense, and 
"that a conviction or acquittal of the one must necessarily convict or acquit of the 
other," which plea was overruled by the commission. As the evidence reveals the 
same state of facts in the one case as in the other, it is plain that the commission 
erred in overruling the plea in bar. 

The finding and sentence in the case of this accused are therefore disapproved. 

By command of Major-General MacArthur: 

Thomas H. Baery, 
Brigadier-General, U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. I. , February 4, 1901. 
General Orders, No. 25. 

Before a military commission which convened at Jaro, Panay, P. I., pursuant to 
Paragraph III, Special Orders, No. 120, Headquarters Department of the Visayas, 
August 20, 1900, and of which Colonel Edmund Rice, 26th Infantry, U. S. Volun- 
teers, was president, and Captain Edwin F. Glenn, 25th U. S. Infantry, was judge- 
advocate, were arraigned and tried Damiano Sabido and Mariano Tabanbungua, 
natives. 

Charge I. — "Committing acts of hostility in violation of the laws of war, section 
4, 'Instructions for the government of the armies of the United States in the field.' " 

Specification 1. — "In that on or about the 30th day of June, A. D. 1900, then, as 
now, a time of insurrection, at or near the barrio of San Bias, Island of Panay, P. L, 
a place then, as now, a part of the territory of the L^nited States, and under its mili- 
tary government, Damiano Sabido and Mariano Tabanbungua, natives and members 
of the police force of the pueblo of San Miguel, did, while still pursuing peaceful 
pursuits as said policemen, and contrary to the laws and usages of war in such cases 
made and provided, participate in an attack upon three United • States soldiers, 
members of Company I, 26th Infantry, U. S. V., and upon a citizen of the United 
States, to wit, one John INI. Dean, by then and there shooting at the said United 
States soldiers and said citizen of the United States, with guns held in the hands of 
the said Damiano Sabido and Mariano Tabanbungua, and which said assault, so made 
as aforesaid, resulted in the serious wounding by gunshot of two of the aforesaid 
soldiers, to wit, Herbert B. Spencer and Charles F. Fish." 

Specif cation 2. — "In that on or about the 9th day of August, A. D. 1900, then, as 
now, a time of insurrection, at or near the puel)lo of San Miguel, Island of Panay, P. L, 
a place then, as now, a part of the territory of the United States, and under its mili- 
tary government, Damiano Sabido and ^Mariano Tabanbungua, natives and members 
of the police force of the said pueblo of San Miguel, did, while still pursuing peaceful 
pursuits as said policemen, and contrary to the laws and usages of war in such cases 
made and provided, participate in an attack upon three LTnited States soldiers, mem- 
bers of Gordon's Detachment of Mounted Infantry, by then and there shooting at 
the said United States soldiers, with guns held in the hands of the said Damiano 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 107 

Sabido and ]\Iariano Tabanbungua, and which gaid assault, so made as aforesaid, re- 
sulted in the death, by gunshot wound, of two American horses, then and there ridden 
bv tho members of the said detachment of three United States soldiers." 

"Plea.— "Not guilty." 

Findings. — Of the first specification, "guilty, except the words 'made and pro- 
vided,' and except the words 'of the said Damiano Sabido and Mariano Tabanlningua,' 
substituting for the latter the words 'of members of the attacking party;' of the ex- 
cepted words, not guilty; of the substituted words, guilty." Of the second specifica- 
tion, "guilty, except the words 'made and provided,' and except the words 'of the 
said Damiano Sabido and Mariano Tabanbungua,' substituting for the latter Avords 
'of members of the attacking party;' of the excepted words, not guilty, and of the 
substituted words, guilty." Of the charge, "guilty." 

Sentence. — And the commissson does therefore sentence him, Damiano Sabido, 
"To be confined at hard labor, at such place as the reviewing authority may direct, 
for the period of twenty years." 

And the commission does therefore sentence him, Mariano Tabanbungua, "to be 
confined at hard labor, at such place as the reviewing authority may direct, for the 
remainder of his natural life." 

In the foregoing case of Damiano Sabido and Mariano Tabanbungua, natives, it 
appears from the evidence that the accused were regularly appointed policemen of the 
pueblo of San 31iguel under American authority, and that while so employed they 
were members of a band of insurgents lurking in the vicinity of the said pueblo, and 
on two occasions secretly joined said band and, contrary to the laws of war, traitor- 
ously participated in an attack made upon American troops, resulting in the death of 
one and the wounding of two other American soldiers. 

Being war traitors of a most dangerous class, their sentences, approved by the 
department commander, are confirmed and will be duly executed, except that the 
period of confinement in the case of Mariano Tabanbungua is upon the recommenda- 
tion of the department commander mitigated to confinement at hard labor for the 
period of twenty (20) years. 

The Presidio de ]Manila is designated as the place of confinement, to which place 
the prisoners will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Baery, 
Brigadkr-General, U. S. Volunteers^ Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, February 4, 1901. 
Gen(!ral Orders, No. 26. 

Before a military commission which convened at San Fernando, Province of Pam- 
panga, Luzon, P. I., pursuant to paragraj^h 1, Special Orders, Xo. 230, Headquarters 
Department of Northern Luzon, December 19, 1900, and of which Lieutenant-Coionel 
Greenleaf A. Goodale, 3d L^. S. Infantry, was president, and Captain William R. 
Sample, Adjutant 3d L^. S. Infantry, was judge-advocate, was arraigned and tried 
Eusebio Rojas, native. 

Charge L— "Murder." 

Specif catio)i 1. — "In that Eusebio Rojas, styling himself a 1st lieutenant of infantry 
in the insurgent forces under the command of one J. Alejandrino, a notorious outlaw, 
did willfully, feloniously, and with malice aforethought murder and kill Dalmatio 
Sicat, a native lawfully residing on the barrio Sagun of San Fernando, Province of 
Pampanga, Island of Luzon, by ordering and causing said Sicat to be buried alive in 
his presence. This in the month of October, 1900, at a place called Culub Cabaya, 
in the pueblo of Bacolor, Province of Pampanga, Island of Luzon, within a district 
then, as now, in insurrection against the United States." 

Specification 2. — "In that Eusebio Rojas, styling himself a 1st Heutenant of infantry 
in the insurgent forces, under the command of one J. Alejandrino, a notorious out- 
law, did willfully, feloniously, and with malice aforethonglit murder and kill an 
unknown man, supposed to be Benacio Pamintuan, a native, lawfully residing in the 
pueblo of Guagua, Province of Pampanga, Island of Luzon, by ordering and causing 
the said man to 1)e buried alive in his presence. This, in the month oi September^ 
1900, in the barrio of San Aiigustin of San Fernando, Province of Pampanga, Island 
of Luzon, Avithin a district then, as now, in insurrection against the United States." 

Specification 3. — "In that Eusebio Rojas, styling himself a 1st lieutenant of infantry 
in the insurgent forces, under the command of one J. Alejandrino, a notorious out- 
law, did willfully, feloniously, and with malice aforethought cause men acting under 



108 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

his orders to (iischarge firearms at a moving nonmilitary train carrying passengers 
and merchanciise between the stations of Cahikit and Angeles on the ]\Ianila-Dagu- 
pan railway, and did thereby kill and murder Mamerto Lumanlan, a native piissen- 
ger, a resident of Angeles, lawfully on said train. This, on or about March 20, 1900, 
in the Province of Pampamga, Island of Luzon, a district then, as now, in insurrec- 
tion against the United States." 

Charge II. — "Violations of the laws of war." 

Specification 1. — "In that Eusebio Rojas, claiming to be a lieutenant of insurgents- 
in the forces of one J. Alejandrino, a notorious outlaw, did command a band of 
armed natives the members of Avhich, including Rojas, did wear no uniform but did, 
under the guise of being insurgent soldiers, terrorize, molest, and commit acts of vio- 
lence upon peaceable natives of the Province of Pampanga, Island of Luzon, and did 
intermittently return to their homes and ordinary occupations. This, between Jan- 
uary 1, 1900, and December 2, 1900, in the Province of Pampanga, Island of Luzon, 
a district then, as now, in insurrection against the L^nited States." 

Specification £. — "In that Eusebio Rojas, claiming to be a lieutenant of insurgents 
in the force of one J. Alejandrino, a notorious outlaw, did unlawfully detain in cus- 
tody Florentino Pamintuan, a wealthy native, who had been kidnaped from his 
house in San Fernando, Province of Pampanga, and did make threats against the 
life of said Pamintuan whilst he was so detained, with the view of extorting money 
from the said Pamintuan. This, in the month of May, 1900, in the Province of 
Pampanga, Island of Luzon, a district then, as now, in insurrection against the 
United States." 

Plea.— "Not guihv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Eusebio Rojas, "to 
be hanged by the neck until dead, at such time and place as the reviewing authority 
may direct, two-thirds of the members of the commission concurring therein." 

In the foregoing case of Eusebio Rojas, native, a superior officer of the accused, a 
major of insurgents, testified that the accused had recently commanded one of three 
"grouf^s," that the men of each "group" were "distributed among three barrios," 
that "they wore the ordinary dress of the country," that "sometimes they would go 
armed for a specific purpose and at others they would hide their arms." There also 
appears of record a writing purporting to appoint the accused a "1st teniente of 
infantry," signed by one Alejandrino, and a translated copy of a general order issued 
by the said Alejandrino as commanding general. Central Luzon. 

Sections 1 and 2 of this order read as follows: 

"First. All who perform official duties or who have materially contributed to the 
establishment of the pretended American civil government in the territory within my 
command if caught will be punished from a fine not less than one hundred dollars 
up to the death penalty, by the most summary trial in accordance with the circum- 
stances, and if committed by (:^ducated people the guilt will be considered increased. 
Second. The property of persons comprised in article 1 will be confiscated for the 
need of the Filipino army." 

Given command of armed men and authorized as quoted to exercise summary 
power over the lives and property of his neighbors the accused, as is made unmis- 
takably plain by the evidence, conceived it to be his duty to rob and murder the 
peaceful and law-abiding people living within his so-called military jurisdiction. 

Going in ordinary dress and taking with him a few trusted followers, five or six at 
most — he secretly seized his unsuspecting neighbors, a man at a time, and taking 
them into the forest, he proceeded in two instances to bury them alive. The wit- 
nesses, some of whom were guilty participants and others who were compelled to be 
present and dig the graves of the waiting victims, relate the hoirible details by which 
men in the full vigor of life were suffocated under the mass of earth thrown ui')on 
them. 

Before the commission trying him the accused admitted that in obedience to orders 
he attacked a nonmilitary train which resulted in the death of a passenger, a native, 
and while denying his presence or responsibility for the murder of the men buried 
alive, concluded by saying "All my actions have been in pursuance to the orders of 
my superior officers." 

That, at his discretion, the accused was authorized by his superiors to take the 
property and lives of his neighbors, the evidence ]-)lainly shows, but those who are 
responsible for the written authority under which he acted, by the terms of that 
authority revealed themselves as banditti and as men Avho, being outside the pale of 
all law, seek to rule solely by the terror they inspire by their inhuman deeds. Being 
therefore without any authority, no so-called insurgent general or chief can issue a 
lawful order in these islands and they and all who execute their commands to kill 
and murder must expect the most extreme penalties. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 109 

There being no doubt in the mind of the reviewing authority that the accused is 
guilty of the revolting crimes as charged, the sentence, apjiroved by the department 
commander, is confirmed and will be duly executed at the pueblo of San Fernando, 
province of Pampanga, Luzon. P. I., on the first (1st) day of ]\Iarch, A. J). 1901, 
under the direction of the commanding general, Department of Northern Luzon. 
By command of Major-General JMacArthur: 

Thomas H. Barey, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. i., Februarys, 1901. 
General Orders, No. 28. 

I. Before a military commission which convened at Dagupan, province of Panga- 
sinan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 63, Headquarters 
Department of Northern Luzon, June 25, 1900, and of which Captain AVilliam L. 
Buck, 13th U. S. Infantry, was president, and 1st Lieutenant Paul B. Malone, 13th 
U. S. Infantry, was j adge-advocate, was arraigned and tried: 

Eugenio Fernandez, native. 

Charge I. — " Murder." 

Specification. — "In that Eugenio Fernandez, native, in a camp in the mountains 
near Rosario, province de la Union, in territory then, as now, occupied by United 
States troops, at a time then, as now, of insurrection against the lawful authority of the 
United States, in company of, and consorting with, a band of armed outlaws to the 
number of 57, more or less, commanded and led by the said Eugenio Fernandez, 
did willfully, feloniously, and with malice aforethought, kill and murder two Ameri- 
can prisoners, names unknown, by stabbing them, the said American prisoners, 
names, unknown, with bolos held in the hands of members of said band, names 
unknown, inflicting wounds therewith whereof they, the said American prisoners, 
names unknown, then and there died and were then and there buried. This, on or 
about April 2, 1900, at the place above specified." 

Charge II. — " Guerrilla warfare, in violation of the laws of war." 

Specification 1. — "In that Eugenio Fernandez, native, at a time then, as now, of 
insurrection against the lawful authority of the United States, in company of, and 
consorting with a band of ununiformed armed outlaws to the number of 50, more or 
less, commanded and led by the said Eugenio Fernandez, not being a member of 
any recognized military organization, but acting independently, did attack with rifles 
and burn with fire held in the hands of members of said band, names unknown, San 
Jacinto, province of Pangasinan, a place then, as now, occupied by United States 
troops, whereby the lives of peaceful inhabitants of the said San Jacinto were 
endangered and 103 of their houses, more or less, were burned and destroyed. This, 
on April 21, 1900, at the place above specified." 

Specification 2. — "In that Eugenio Fernandez, native, at a time then, as now, of 
insurrection against the lawful authority of the United States, in the barrio of Santa 
Maria, pueblo of San Jacinto, province of Pangasinan, then, as now, occupied by 
LTnited States troops, in comi^any of, and consorting with, a band of ununiformed 
armed outlaws to the number of 20, more or less, commanded and led by the said 
Eugenio Fernandez, and not pertaining to any recognized military organization, but 
acting independently, did feloniously seize, bind, and carry away, or cause to be 
seized, bound, and carried away, to a camp of outlaw's and insui'gents, situated in 
the mountains near Rosario, province de la Union, a place then, as now, within the 
sphere of military operations, one Anthony Gurzinski, private. Company C, 13th Infan- 
try, where he was willfully, feloniously, and with malice aforethought killed and mur- 
dered by stal)bing with l)olos, held in the hands of members of said band, names 
unknown, inflicting wounds whereof he, the said Gurzinski, then and there died on or 
about April 2, 1900. This, on or about March 20, 1900, at the place above specified." 

Specification S. — "In that Eugenio Fernandez, native, at or near San Jacinto, 
province of Pangasinan, and its several barrios, territory then, as now, occupied by 
United States troops, at various times, in the months of ^larch, April, and May, 1900, 
a period then, as now, of insurrection against the lawful authority of the United 
States, in company of, and consorting with, a band of ununiformed armed outlaws, to 
the number of 20, more or less, not pertaining to any recognized militarv organiza- 
tion, but acting independently, did feloniously seize and carry away, or caused to be 
feloniously seized and carried away, against their will many peaceful natives of the 
said San Jacinto and its several barrios to a camp of armed outlaws and insurgents 
situated near Rosario, province de la Union, a place then, as now, within the sphere 



110 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 

of military operation? and where the said peaceful natives were held as prisoners 
until May 6, 1900, when they made their escape, to wit: Ciriaco de la Peiia, Antonio 
Meneses, Florencio Besacruz, Cornelio Prado, Tomas Estrada, Andres Linquon, 
Bernaldo Colderon, and Domingo f^alcedo. This at the places at various times 
during the months above specified." 

Char(4E III. — "Assault with intent to commit murder." 

Specification. — "In that Eugenio Fernandez, native, on or about May 21, 1900, a time 
then, as now, of insurrection against the lawful authority of the United States, at 
Alava, province of Pangasinan, territory then within the sphere of military opera- 
tions and from time to time visited by United States troops and now occupied by 
United States troops, in company of, and consorting with, a band of armed outlaws 
to the number of II, more or less, commanded and led by the said Eugenio Fernan- 
dez, did feloniously seize and bind with ropes or thongs Santiago Espidido, Presi- 
dente Local Clemente Zion, lieutenant of police, and Victor Podriguiz, secretary, 
all natives and officials of the said Alava, duly elected and appointed under orders 
and regulations prescribed by properly constituted United States authorities, with 
intent to commit murder upon the persons of the said Santiago Espidido, Clemente 
Zion, and Victor Podriguiz, all and each of them natives of the said Alava, This on 
or about the date and at the place above specified." 

Plea.— "Not guilty." 

Findings. — Of the specification, first charge, "guilty, except of the words 'com- 
manded and led by the said Eugenio Fernandez' and introducing after the word 
'aforethought' the words 'urge said band of outlaws to.' Of the excepted words 
not guilty," and of the introduced words "guilty." Of the first charge, "guilty." 
Of the first specification, second charge, "guilty, except of the words, 'commanded 
and led by the said Eugenio Fernandez' and of the excepted words not guilty." 
Of the second specification, third charge, ' ' guilty, except of the words, ' commanded 
and led by the said Eugenio Fernandez,' and of the excepted words *not guilty." 
Of the third specification, second charge, "guilty." Of the second charge "guilty." 
Of the specification, third charge, "guilty, except of the words 'Victor Podriguiz' 
in both cases where these words occur, substituting therefor the words 'Mariano 
Torres,' and introducing after the words ' Presidente Local' the words 'and did 
seize and carry away,' of the excepted words not guilty," and of the substituted and 
introduced words, "guilty." Of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Eugenio Fernandez, 
native, " To be hanged by the neck till dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein." 

11. Before a military commission which convened at San Jacinto, Pangasinan 
Province, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquar- 
ters Department of Northern Luzon, June 25, 1900, and of which Major Joseph W. 
Duncan, 13th U. S. Infantry, was president, and 1st Lieutenant Harvey W. JNliller, 
13th U. S. Infantry, was judge-advocate, was arraigned and tried: 

Juan Soriano, a native. 

Chaege I. — " Kidnaping." 

Specification. — "In that Juan Soriano, a native, at or near San Jacinto, province of 
Pangasinan, Luzon, P. I., a place then, as now, in the theater of military operations, 
in company of, and consorting with, ununiformed armed outlaws to a number vary- 
ing at times from thirty, more or less, to five, more or less, commanded and led by 
the said Juan Soriano, at or about the various times set opposite their respective names 
below, did feloniously seize and conduct away, against their will, the following named 
peaceful inhabitants of the aforesaid San Jacinto, to wit: Ciriaco de la Peiia, Andres 
Soquan, cabeza of barrio Lobong, and Bernardo Calderon, cabeza of barrio Lubnay, 
May 4, 1900. Corneho Prado, March 31, 1900; Tomas Molino, April 6, 1900; Tomas 
Estrada, and his wife Filimena Tanfueco, April 29, 1900; Pufino Marceleno Olpindo, 
March 17, 1900; Jacinto Petube and Pedro Menesis, March 20, 1900; Domingo Peyes 
and Pascual de la Pena, March 27, 1900, and Anastacio Oligan, native of Mangaldan, 
August 28, 1900. All this at or near San Jacinto, province of Pangasinan, Luzon, P. L, 
and its barrios, and Mangaldan, P. I., on or about the dates specified." 

Charge II. — "Guerrilla warfare, in violation of the laws of war." 

Specification. — "In that Juan Soriano, a native, in the barrio Santa Maria, pueblo 
of San Jacinto, province of Pangasinan, Luzon, P. I., a place then, as now, in the 
theater of military operations, in company of and consorting with ununiformed 
arme<l outlaws to the number of twenty, more or less, commanded and led by the 
said Juan Soriano, did feloniously seize, bind, and carry awa}^ one Anthony Gurzinski, 
private, Company C, 13th U. S. Infantry, who was conducted to a camp of insurgents 
and ununiformed outlaws situated near Rosario, province de la Union, Luzon, P. L, 



CHARGES OF CEUELTY, ETC., TO FILIPINOS. Ill 

where he was willfully, feloniously, and with malice aforethought killed and mur- 
dered by stabbing and cutting with bolos held in the hands of members of said 
camp, names unknown, inflicting wounds therewith whereof he, the said Gurzinski, 
then and there died, on or about April 2, 1900. This at the place specified, on or 
about March 20, 1900." 

Chaege III.— "Robbery." 

Speciticatio/(.--^'ln that Juan Soriano, a native, in company of, and consorting with, 
armed outlaws to the number of seventeen, more or less, did feloniously and forcibly 
take from the person of Sebastian Bautista thirty-two dollars and fifty cents (832.50) 
Mexican coin. This in time then, as now, of insurrection, on or about August 28, 
1900, at or near Marjgaldan, province of Pangasinan, Luzon, P. I., a place then, as 
now, in the theater of military operations." 

Chaege IV. — "Murder." 

Specification. — "In that Juan Soriano, a native, in company of and consorting with 
armed outlaws to the number of thirty, more or less, commanded and led by the 
said Juan Soriano, did willfully, feloniously, and with malice aforethought kill and 
murder Domingo iNlalagday, native policeman, and his wife, Basia Peralta, peaceful 
natives of San Jacinto, province of Pangasinan, Luzon, P. I., by stabbing and cutting 
them with bolos held in the hands of membei's of said band, names unknown, 
inflicting wounds therewith whereof they, the said Domingo ]\Ialagday and Basia 
Peralta, his wife, then and there died. This in time then, as now, of insurrection, 
on or about the 27th day of March, 1900, at or near Inluml)o, barrio of Mangaldan, 
province of Pangasinan, Luzon, P. I., a place then, as now, in the theater of military 
operations." 

Chaege V. — "Assault with intent to commit murder." 

Specification. — "In that Juan Soriano, a native, on or about May 21, 1900, a time 
then, as now, of insurrection against the lawful authority of the United States, at 
Alava, province of Pangasinan, territory then, as now, in the theater of military 
operations, in company of and consorting with armed outlaws to the number of 
eleven, more or less, commanded and led by the said Juan Soriano, did feloniously 
seize and bind with ropes or thongs Santiago Espidido, presidente local; Clemente 
Zion, lieutenant of the police, and Victor Eodriguiz, secretary, all natives and ofii- 
cials of the said Alava, duly elected and appointed under orders and regulations 
prescribed by properly constituted United States authorities, with intent to commit 
murder upon the persons of the said Santiago Espidido, Clemente Zion, and Victor 
Eodriguiz. This at the place on or about the date specified." 

First additional charge, "murder." 

Specification. — "In that Juan Soriano, a native, in company of and consorting with 
outlaws to the number of eight, more or less, armed with long bolos, commanded 
and led by the aforesaid Juan Soriano, did willfully, feloniously, and with malice 
aforethought kill and murder Mariano Guerros, Anselino Soliz, and Vicente (surname 
unknov\-n) by stabbing them with a bolo held in the hand of Catalino Fernandez, 
inflicting wounds therewith whereof they, the said Mariano Guerros, Anselino Soliz, 
and Vicente (surname unknown) then and there died. This in time then, as now, of 
insurrection against the lawful authority of the L'nited States on or about the 2d and 
3d days of May, 1900, at or near Xaandinan, sitio of Landas, barrio of Mangaldan, 
province of Pangasinan, Luzon, P. I., a place then, as now, in the theater of military 
operations of the Ignited States forces." 

Second additional charge, "murder." 

Specification. — "In that Juan Soriano, a native, in company of and consorting with 
armed outlaws to the number of nine, more or less, commanded and led by the said 
Juan Soriano, did willfully, feloniously, and with malice aforethought kill and murder 
Fabian Visperos, a woman, and a boy about seventeen years of age, names unknown, 
by cutting them with a bolo held in the hand of the said Juan Soriano, inflicting 
wounds therewith whereof they, the said Fabian Visperos and the said woman and 
boy, names unknown, then and there died. This in time then, as now, of insurrec- 
tion against the United States, on or about the 6th day of May, 1900, at or near 
Lobong, a l)arrio of San Jacinto, province of Pangasinan, Luzon, P. I., a place then, 
as now, in the theater of military operations of the L'nited States forces." 

Pleas. — To the specification, first charge, "guiltv, except the words 'Tomas 
Molino, April 6, 1900; Tomas Estrada and his wife Filimena Tanfueco, April 29, 1900; 
Rufino ^larceleno Olpindo, March 17, 1900; Jacint(^ Retube and Pedro Menesis, 
March 20, 1900; Domingo Reyes and Pascual de la Pena, March 27, 1900; and Anas- 
tacio Oligan, native of ^Mangaldan, August 28, 1900,' and of the excepted words, not 
guilty." To the first charge, "guilty." To the specification, second charge, "not 
guilty." To the second charge, "not guilty." To the specification, third charge, 
"not guilty." To the third charge, ''not' guilty." To the specification, fourth 



112 CHARGES OF CRUELTY, ETC.. TO FILIPIJ^OS. 

charge, "not guilty.'" To the fourth charge, "notguihy."' To the specification, 
fifth charge, ''not guilty." To the fifth charge, "not guilty.'" To the specification, 
fii-st additional charge, "not guilty." To the first additional charge, "not guilty." 
To the specification, second additional chai'ge, "not guilty." To the second addi- 
tional charge, "not guilty." 

FINDI^'CT.— Of the specification, first charge, "guilty, except the words 'Thomas 
Estrada, and his wife Filimena Tanfueco, April 29, 1900,' and of the excepted words 
not guilty." Of the first charge, "guilty." Of the specification, second charge, 
"guilty." Of the second charge, "guilty." Of the specification, third charge, 
"guilty, except the words and figures, 'thirty-two dollars and fifty cents (S32.50),' 
substituting therefor the words and figures 'thirty-one dollars and fifty cents (831.50),' 
of the excepted words and figures not guilty, and of the substituted words and figures 
guilty.' Of the third charge, "guilty." Of the specification, fourth charge, ''not 
guilty." Of the fourth charge, ''not guilty." Of charge 5, nolle prosequi entered 
by the judge-advocate and not considered by the commission. Of the specification, 
first additional charge, "not guilty." Of the first additional charge, "not guilty." 
Of the specification, second additional charge, "guilty." Of the second additional 
charge, ''guilty." 

Sentence. — And the commission does therefore sentence him. Juan Soriano, native, 
"to be confined at hard labor, at such place as the reviewing authority may direct, 
for the remainder of his natural life." 

In the foregoing cases of Eugenio Fernandez and Juan Soriano, natives, it appears 
of record that these accused were leaders of armed bands of outlaws with which the 
late notorious bandit chief, A^icente Prado, ordered and directed so many acts of kid- 
napping, robbery, and murder of law-abiding men, women, and children that his 
name, and that of these accused and others of the trusted leaders of the said Prado, 
became a terror to the inhabitants in La Union and Pangasinan provinces. 

That these accused were principal actors in these crimes and guilty as found by the 
commission trying them there is no reasonable doubt. 

The sentences approved by the department commander are confirmed, and will be 
duly executed, except that the sentence in the case of Eugenio Fernandez is com- 
muted to confinement at hard labor for the period of his natural life. The Presidio 
de Manila is designated as the place of confinement to which the prisoners will be 
sent under proper guard. 

By command of Major-General MacArthur: 

Tho:n:as H. Barrv, 
JBngadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

ManilcL P. J., February 18, 1901. 
General Orders, Xo. 34, 

Before a miUtary commission which convened at Binalonan, Pangasinan Province, 
Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 63, Headquarters Depart- 
ment of Northern Luzon, June 25, 1900, and of which Major Joseph W. Duncan, 
13th U. S. Infantry, was president, and 1st Lieutenant Harvey W. Miller, 13th L". S. 
Infantry, was judge-advocate, was arraigned and tried Cerilo Canido, a native. 

Charge I. — "Forcible abduction.'' 

Specincation 1. — "In that he. Cerilo Canido, in company of. and consorting with, a 
band of outlaws, to wit, Felix Bautista and others, ten more or less in number, armed 
with rifles and bolos, did forcibly and bodily seize, bind, and carry away, against his 
will, one Pedro Mauricio, native, whose body has not since been recovered. 

"This in the barrio of Baro, pueblo of Asingan, pro^^ince of Pangasinan, P. I., a 
place then, as now, in the theater of military operations and under the military 
authority of the United States, on or about Xovember 23, 1899, a time then, as now, 
of insurrection against the United States." 

Specincation ^.— " In that he. Cerilo Canido, in company of, and consorting with, a 
band of outlaws, to wit. Felix Bautista and others, ten more or less in number, armed 
with rifles and bolos, did forcibly and bodily seize, bind, and carry away, against his 
will, one Pedro Velasco, native. 

"This in the barrio of Baro, pueblo of Asingan, province of Pangasinan, P. I., a 
place then, as now, in the theater of military operations and under the military 
authority of the United States, on or about November 23, 1899, a time then, as now, 
of insurrection against the L'nited States." 

Charge IL — "Murder." 

Specification. — "In that he, Cerilo Canido, in company of, and consorting with, a 
band of outlaws, to wit, Felix Bautista and others, ten more or less in uimiber, armed 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 113 

with rifles and bolos, did willfully, feloniously, and with malice aforethought kill and 
murder one Pedro Yelasco, native, by striking and cutting the said Velasco with a 
bolo or bolos, held in the hands of the said Canido or of the said outlaws, inflicting 
wounds therewith whereof the said Yelasco then and there died. 

"This in the barrio of Baro, pueblo of Asingan, pro\'ince of Pangasinan, P. I., a 
place then, as now, in the theater of military operations and under the authority of 
the United States, on or about November 23, 1899, a time then, as now, of insurrec- 
tion against the United States." 

Plea.— "Not guilty." 

Finding. — Of the 1st specification, 1st charge, "guilty, except the word 'Baro' 
foil owing the words, ' in the barrio of, ' substituting therefor the words ' San Francisco ;' 
of the excepted word not guilty, and of the substituted word guilty." Of the 2d 
specification, 1st charge, "guilty, except the word 'Baro' following the words, 'in 
the barrio of,' substituting therefor the words 'San Francisco;' of the excepted word 
not guilty, and of the substituted word guilty." Of the 1st charge, "not guilty of 
'forcible abduction' but guilty of 'kidnaping.'" Of the specification, 2d charge, 
"not guilty." Of the 2d charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Cerilo Caiiido, native, 
" To be confined at hard labor, at such place as the reviewing authority may direct, 
for the period of fifteen years." 

In the foregoing case of Cerilo Canido, native, no witness testifies that the accused 
was present with the band of armed outlaws that seized and carried away Pedro 
Yelasco or is sufficiently certain of the time and place of this offense to connect the 
accused therewith. The finding upon the second specification to the first charge is 
therefore disapproved. 

It, however, appears from the evidence that the accused was one of a band of out- 
laws that seized and carried away law-abiding men who have disappeared from among 
the living and one of whom, Pedro Mauricio, was last seen in the power of the 
accused and the armed outlaws he was consorting with. Save some of the garments 
of the kidnaped man, found floatmg in a river soon after he was driven forth from 
his house with blows and threats of death, no trace of him has been found by his 
family or friends. 

That the accused was an active and willing participant in this crime there is no 
reasonable doubt. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General^ U. S. Volunteers, Chief of Staff. 



Headquarters DI^^SION of the Philippines, 

Manila, P. I., February 25, 1901. 
General Orders, Xo. 37. 

Before a military commission which convened at San Fernando de la Union, Luzon, 
P. I., pursuant to paragraph 2, Special Orders, No. 42, Headquarters Department of 
Northern Luzon, June 3, 1900, and of which Lieutenant-Colonel Thaddeus \Y. Jones, 
48th Infantry, U. S. Yolunteers, was president, and Major Charles F. Kieffer, sur- 
geon, 48th Infantry, L^. S. Yolunteers, was judge-advocate, were arraigned and tried 
Pascual Pasis, Juan Mendoza, Juan Laurena, Fruto Sabado, and Roman Camarillo, 
natives. 

Charge I. — "Murder." 

Specification. — " In that Pascual Pasis, Filipino, a major of milicianos territoriales 
of the insurgent forces; Juan ^Mendoza, Filipino, a lieutenant of milicianos territo- 
riales of the insurgent forces; Juan Laurena, Fruto Sabado, and Roman Camarillo, 
Filipinos, did, at or near the barrio of Paratong, pueblo of Bangar, of the province of 
La Union, Luzon, P. I., then, as now, a place under the military government of the 
United States, on or about the 21st day of April, 1900, then, as now, a time of insur- 
rection, feloniously and with malice aforethought kill and murder Yicente Regelman, 
a Filipino, by cutting and stal)bing the said Regelman with a sharp instrument called 
a campilan, inflicting wounds therewith whereof the said Regelman did then and 
there die. This at the time and place above specified." 

Charge II.—" Violation of the laws of war." 

Specification 1. — "In that Pascual Pasis, Filipino, a major of milicianos territoriales 
of the insurgent forces; Juan Mendoza, Filipino, a lieutenant of milicianos territo- 

S. Doc. 205, pt 2 8 



114 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

riales of the insurgent forces; Juan Laurena, Fruto Sabado, and Roman Camarillo, 
Filipinos, did, at or near the barrio of Paratong, pueblo of Bangar, province of La 
Union, Luzon, P. I., a place then, as now, under the military government of the 
United States, in the month of April, 1900, and between the i5th and 25th days of 
said month, then, as now, a time of insurrection, force Mariano de la Peiia and other 
peaceful natives, by threatening them with violence, to give supplies of food and 
money — quantities unknown — to the enemy. This at the time and place above 
specified." 

Specification 2. — "In that Pascual Pasis, Filipino, a major of milicianos territoriales 
of the insurgent forces; Juan Mendoza, Filipino, a lieutenant of milicianos territo- 
riales of the insurgent forces; Juan Laurena, Fruto Sabado, and Roman Camarillo, 
Filipinos, did, at or near the barrio of Paratong, pueblo of Bangar, pro\ince of La 
Union, Luzon, P. I., then, as now, a place under the military government of the 
Ignited States, in the month of April, 1900, and on various days between the 15th and 
25th of said month, then, as now, a time of insurrection, forcibly and unlawfully 
brand Mariano de la Peila and other peaceful natives to the number of one hundred, 
more or less, by applying a heated bottle or other instrument to the bare skin, 
thereby marking them for service with the enemies of the United States. This at 
the time and place above specified." 

Specification J. — "In that Pascual Pasis, Filipino, a major of milicianos territoriales 
of the insurgent forces; Juan 3Iendoza, Filipino, a lieutenant of milicianos territo- 
riales of the insurgent forces; Juan Laurena, Fruto Sabado, and Roman Camarillo, 
Filipinos, did, at or near the barrio of Paratong, pueblo of Bangar, province of La 
I'nion, Luzon, P. L, then, as now, a place under the military government of the 
L'nited States, in the month of April, 1900, and between the 15th and 25th days of 
said month, then, as now, a time of insurrection, violently and forcibly constrain 
Mariano de la Peiia and other peaceful natives to make and subscribe with their own 
blood a treasonable oath, thereby obligating them to the service of the enem.ies of 
the United States. This at the time and place above specified." 

Pleas. — Pascual Pasis, Fruto Sabado, Juan Laurena, and Roman Camarillo, "not 
guilty." Juan Mendoza, to the first charge and its specification, "not guilty," and 
to the second charge and its specifications, ' ' guiltv. ' ' 

Findings.— "Guilty." 

Sextenxe. — And the commission does therefore sentence them, Pascual Pasis, Juan 
Mendoza, Juan Laurena, Fruto Sabado, and Roman Camarillo, "To be hanged by 
the neck until dead, at such time and place as the reviewing authority may direct, 
two-thirds of the members concurring therein." 

In the foregoing case of Pascual Pasis, Juan Mendoza, Juan Laurena, Fruto Sabado, 
and Roman Camarillo, natives, jointly tried, it appears of record that Pascual Pasis, 
one of the accused, had been commissioned a major of bolo men by General Tinio, 
one of the insurgent chiefs, and that in pursuance of his office he, in April, 1900, came 
to Paratong for the purpose of recruitmg a company or companies of bolo men in aid 
of the insurrection; that the recruiting party or chief actors were these five accused, 
and that their method of enrolling men consisted in requiring them by threats, and 
by whipping the reluctant, to sign the so-called blood pact, and to submit to being 
branded with the mouth of a red-hot bottle on the right breast. Among the men 
who came to Paratong during the few days these accused were there engaged in the 
active work of recruiting, there came a stranger, a native, somewhat conspicuous 
because dressed in white, who, either for refusal to sign the blood pact or other cause 
not apparent from the record, was denounced as "a bad man," beaten by the said 
Pascual Pasis and Juan Mendoza, two of the accused, and by them threatened with 
death. While being so maltreated the deceased attempted to escape by running for 
his life; when, according to the admissions of three of the accused, made before trial, 
they all pursued, and overtaking decedent, aided each other in holding him, while 
with their knives and bolos they stabbed him until he was dead. Other witnesses 
testify to the time and place of the murder and the manner in which the deceased 
was buried. 

As affecting the first charge only, the record reveals that in the preliminary exam- 
ination of these accused a bolo, said to have been the one employed at the time the 
murder was committed, was exhibited to them, ostensibly for identification; and, 
while it v.-as not proven that it was employed in a threatening manner, still the 
defense make a plausible showing that it was purposely employed to unduly influ- 
ence the admissions made by the accused, which were at the time reduced to writing. 
It is plain, however, that three of these accused, to wit, Juan Laurena, Fruto Sabado, 
and Roman Camarillo, related with much fullness and con\incing consistency of 
statement all the details of the part they each and severally took in the murder, and 
on the witness stand admitted thev had not been threatened w^ith the bolo. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 115 

While in law there is not sufficient ground to warrant the disapproval of the find- 
ing of the commission, which is in all respects regular, the unguarded zeal with which 
the preliminary examination of these accused Avas conducted can not receive the sanc- 
tion of the reviewing authority. 

That, however, the accused are guilty as charged and upon sufficient testimony of 
undoubted validity there is no reasonable doubt. The sentence which was approved 
by the department commander October 5, 1900, is, except as to Fruto Sabado, since 
deceased, confirmed, but is commuted to confinement at hard labor for each of the 
four remaining accused, to wit, Pascual Pasis, Juan Mendoza, Juan Laurena, and 
Eoman Camariilo, for a period of twenty years, and as thus commuted will be duly 
executed at the Presidio de Manila, to which place the prisoners will be sent under 
proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, JJ. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. /., Fehruainf 25, 1901. 
General Orders, No. 38. ^ 

Before a military commission which convened at San Felipe Neri, province of 
Manila, Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 226, Headquarters 
Department of Northern Luzon, December 15, 1900, and of which Captain Delphey 
T. E. Casteel, 27th Infantry, U. S. Volunteers, was president, and Captain William 
F. Judson, 27th Infantry, U. S. Volunteers, was judge-advocate, were arraigned and 
tried: Gaudencio Aiio, Simeon de la Cruz, Juan Mariano, Alexandro San Pedro, 
Nicolas Asuncion, Pedro Florencio, Ambrosio de los Santos, Valentin Felix, Eugenio 
Eamos, Marcelo Ygnacio and Romualdo de la Cruz, natives. 

Charge. — "Violation of the laws and usages of war." 

Specification. — "In that they, Gaudencio Aiio, Simeon de la Cruz, Juari Mariano, 
Alexandro San Pedro, Nicolas Asuncion, Pedro Florencio, Ambrosio de los Santos, 
Valentin Felix, Eugenio Ramos, Marcelo Ygnacio and Romualdo de la Cruz, in com- 
pany with 26 other natives, while they were all residing within the territory occu- 
pied by the armed forces of the United States and apparently leading peaceable lives 
and pursuing their ordinary occupations and had divested themselves of the appear- 
ance of soldiers, did rise in arms against the said forces of the United States, and did 
attack an outpost of the said forces with deadly weapons, viz, rifles, and did fire 
upon the said outpost with said rifles and did thereby inflict upon a soldier of the 
United States, viz, one Corporal Wm. B. Clintsman, Company D, 27th Infantry, 
U. S. Vols., a wound or wounds of which he, the said Clintsman, shortly died, and 
upon a soldier of the United States, viz. Private Charles Carter, Company D, 27th 
Infantry L^. S. Vols., a serious wound. This in a time of insurrection against the 
United States at the town of San Mateo, Province of Manila, P. I., at or about 12.30 
a. m., on or about August 24, 1900." 

Pleas.— "Not guiltv." 

Findings.—" Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Gaudencio Ano, 
Simeon de la Cruz, Juan Mariano, Alexandro San Pedro, Nicolas Asuncion, Pedro 
Florencio, Ambrosio de los Santos, Valentin Felix, Eugenio Ramos, Marcelo Ygnacio, 
and Romualdo de la Cruz, natives, and each of them, "To be hung by the neck until 
they, and each one of them, are dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members of the commission concurring." 

In the foregoing case of Gaudencio Ano, Simeon de la Cruz, Juan Mariano, Alex- 
andro San Pedro, Nicolas Asuncion, Pedro Florencio, Ambrosio de los Santos, Val- 
entin Felix, Eugenio Ramos, ^Marcelo Ygnacio, and Romualdo de la Cruz, natives, 
who were jointly tried, it appears Ijy the evidence that the accused, while well known 
as neighbors attending their ordinary peaceful pursuits, were at the same time mem- 
bers of a band of insurgents and were actually present, and so oflicially reported by 
the insurgent officer in command, at the attack upon an outpost of the American 
troops stationed at or near San Mateo, which resulted in the death of one and serious 
wounding of another American soldier. 

The following remarks of the department commander, made in connection with 
his approval of the sentence, fitly characterize the case: 

" This record is forwarded * * * with the recommendation that the sentence 
in the case of each and every one of these natives * * * be commuted to confine- 
ment at hard labor for the period of fifteen (15) years. 



116 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

•^ "This recommendation is made in consideration that these ignorant and semicivil- 
ized natives misinterpreted the leniency, forbearance, and humanity of the mihtary 
authorities in this department, as giving them hcense while living under our protec- 
tion in places garrisoned by our forces to join at the order of irresponsible chiefs of 
robbers and outlaws in attacks upon American troops. Their abject fear of these 
chiefs of brigands and the influence over them of the leaders in the policy of robbery, 
murder, and assassination, inaugurated by the opposition to the authority of the 
United States in these islands, is a further reason that, in this instance, they be 
relieved from the penalty of death." 

The sentence is confirmed; but, in view of the recommendation made, is commuted 
to confinement at hard labor for the period of fifteen ( 15 ) years. The presidio de 
Manila is designated as the place of confinement, to which the prisoners will be sent, 
under proper guard. 

By command of IMajor-General INIac Arthur: 

Thomas H. Barry, 
Brigadier- General, U.S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippixes, 

Manila, P. I., February £7, 1901. 
General Orders, No. 39. 

Before a military commission, which convened at Bautista, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 9, Special Orders, No. 193, Headquarters Depart- 
ment of Northern Luzon, November 9, 1900, and of which Captain William L. Buck, 
13th U. S. Infantry, was president, and 1st Lieutenant Palmer E. Pierce, 13th 
U. S. Infantry, was judge-advocate, was arraigned and tried Alejandro Fernandez, 
a native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Alejandro Fernandez, native, did, in time then, as now, of 
insurrection, willfully, feloniously, and with malice aforethought, murder and kill 
Lorenzo Mendoza, a native, by striking the said Mendoza with a bolo, inflicting 
wounds whereof the said Mendoza then and there died. This at Dinacuan, a barrio 
of Malasiqui, province of Pangasinan, a place then, as now, within the theater of 
militarv operations of the United States forces, on or about the 9th dav of Novem- 
ber, 1900." 

Plea.— "Not Guilt v." 

FixDixG.— "Guilty." 

Sextexce. — And the commission does therefore sentence him, Alejandro Fernandez, 
native, "to be hung by the neck until dead, at such time and place as the re\dewing 
authority may direct, two-thirds of the members concurring therein. ' ' 

In the foregoing case of Alejandro Fernandez, native, the conviction of the accused 
rests upon the testimony of the brother and two nephews of the deceased. The 
ages of the nephews are not given; one is referred to as a boy. The father and his 
two sons tell the same story in practically the same set phrases, to the effect that they 
were eating supper in the house of the deceased when the accused with two of his 
brothers entered and without uttering a word, assaulted the deceased with bolos, 
when they, the witnesses, "threw" themselves "out of the windoAv;" that the 
assailants soon departed, when the witnesses returned to the house and saw the body 
of their relative, exhibiting fatal bolo wounds, from which he had died. 

It appears of record that other witnesses were present, who, according to the state- 
ment of the judge-advocate, could "give circumstantial evidence only;" that this, 
however, was "very strong" and bore "out the evidence already given." L'pon this 
statement the commission ' 'did not deem ' ' it necessary to introduce ' ' further evidence. ' ' 

No robbery attended this murder; no enmity between the accused and the deceased; 
no motive — partisan or political — and no circumstantially incriminating facts appear 
of record to relieve the doubt, due in part to the error of the commission in shutting 
out all testimony except that of the three witnesses, who, from reasons not far to 
seek, might not have been unbiased in their testimony. 

In consideration of the foregoing and the action of the commission in accepting the 
statement of the judge-advocate regarding the nature of the available circumstantial 
evidence in lieu of the evidence itself, and which, if spread upon the record, might 
have afforded convincing corroboration of, or possibly have discredited, the evidence 
adduced, the reviewing authority feels constrained to disapprove the proceedings, 
finding, and sentence. 

The accused will be set at liberty. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. Il7 

Headquartees Division of the Philippines, 

Manila, P. L, February 28, 1901. 
General Orders, Xo. 40. 

Before a military commission which convened at Bautista, Province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 9, Special Orders, No. 193, Headcjuarters Depart- 
ment of Northern Luzon, November 9, 1900, and of which Capt. William L. Buck, 
13th U. S. Infantry, was president, and First Lieut. Palmer E. Pierce, 13th LT.'S. 
Infantry, was judge-advocate, was arraigned and tried Patricio Mateo, a native. 

CharCtE. — " Murder. ' ' 

Specification. — "That Patricio Mateo, native, on or about May 17, 1900, then, as 
now, a time of insurrection, at or near the barrio of ]Matubag, pueblo of Camiling, 
Province of Tarlac, island of Luzon, P. I., a place then, as now, in territory occupied 
by United States troops, in company of, and consorting with, a band of armed out- 
laws, to the number of sixty, more or less, under the leadership of one Ricardo 
Reyes, native, did willfully, feloniously, and with malice aforethought kill and 
murder one Eusebio Nava, native, by then and there shooting the said Nava with 
rifles held in the hands of members of said band, or by stabbing the said Nava with 
bolos held in the hands of members of said band, or by both, inflicting wounds there- 
with whereof the said Nava then and there died and was then and there buried. 
This at the time and place above specified." 

Plea.— "Not guilty." 

Finding. — Of the specification, "guilty, except of the words 'shooting the said 
Nava with rifies held in the hands of members of said band or by,' and of the words 
'or by both,' and of the excepted words, not guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Patricio ]\Iateo, 
native, " To be hung by the neck until dead at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring therein." 

In the foregoing case it appears that the accused, Patricio Mateo, was in company 
of a band of armed men which in the nighttime seized and with force and violence 
carried away from their homes eight persons, one of whom, the deceased, was bar- 
barously mutilated and killed with a bolo. The accused, although not the principal 
leader of the band, appears to ' ' have given orders ' ' to the same. The very fact, 
however, of his presence as a member of the band, assembled together for the con- 
summation of a felonious purpose, justifies the finding of guilty against him arrived 
at by the commission. Much of detail as to the se(|uence of events connected with 
the commission of this crime is lacking in the record, and the reviewing authority 
is thus unable to arrive at a conscientious certainty that the degree of guilt justifies 
the infliction of the death penalty. 

The sentence against Patricio Mateo, approved by the department commander, is 
confirmed, but is commuted to confinement at hard labor for the period of twenty 
years, and, as thus commuted, will be duly executed at the presidio de Manila, to 
which place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., March 7, 1901. 
General Orders, No. 41. 

Before a military commission which convened at Tayabas, Province of Tayabas, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 148, Headquarters Depart- 
ment of Southern Luzon, September 8, 1900, and of which Capt. Harrison S. Kerrick, 
30th Infantry, U. S. Volunteers, was president, and First Lieut. John AV. C. Abbott, 
30th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Ambro- 
sio Loreto, a native. 

Charge. — " Murder." 

Specification 1. — "In that Ambrosio Loreto, a native Filipino, in company with 
others, at the pueblo of T^nisan, Province of Tayaljas, Luzon, in territory then, as 
now, occupied by United States troops, and at a time then, as now, of insurrection 
against the lawful authority of the United States, did willfully, feloniously, and with 
malice aforethought kill and murder Gabriel Castillo, a native Filipino,' by beating 
the said Gabriel Castillo with a club and by cutting and striking said Gabriel Castillo 
with a bolo, then and there had and held by the said Ambrosio Loreto in his hands, 
thereby inflicting wounds of which the said Gabriel Castillo then and there died. 
This at the place above specified, about 8 o'clock p. m., on or about June 7, 1900." 



118 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Specification 2. — "In that Ambrosio Loreto, a native Filipino, in company with 
others, at the pueblo of Unisan, Province of Tayabas, Luzon, in territory then, as now, 
occupied by United States troops, and at a time then, as now, of insurrection against 
the lawful authority of the United States, did willfully, feloniously, and with malice 
aforethought kill and murder Feliciano Maxino, a native Filipino, by beating the 
said Feliciano Maxino with a club and by cutting and striking said Feliciano Maxino 
with a bolo, then and there had and held by said Ambrosio Loreto in his hands, 
thereby inflicting wounds of which the said Feliciano Maxino then and there died. 
.This at the place above specified, about 9 o'clock p. m,, on or about June 7, 1900." 

Specification S. — "In that Ambrosio Loreto, a native Filipino, in company with 
others, at the barrio of Santol, pueblo of Unisan, Province of Tayabas, Luzon, in ter- 
ritory then, as now, occupied by United States troops, and at a time then, as now, 
of insurrection against the law^ful authority of the United States, did willfully, felo- 
niously, and wdth malice aforethought kill and murder Jermana del Castillo, Flotilde 
Maxino, Antonino Maxino, Manuel Maxino, and Cecilio Maxino, all native Filipi- 
nos, by beating the said Jermana del Castillo, Flotilde Maxino, Antonino Maxino, 
Manuel Maxino, and Cecilio Maxino with a club, and by cutting and striking said 
Jermana del Castillo, Flotilde Maxino, Antonino Maxino, Manuel Maxino, and Cecilio 
Maxino with a bolo, then and there had and held by said Ambrosio Loreto in his 
hands, thereby inflicting wounds of which the said Jermana del Castillo, Flotilde 
Maxino, Manuel Maxino, Antonino Maxino, and Cecilio Maxino, and each of them, 
then and there died. This at the place above specified, about 2 o'clock p. m., on or 
about June 10, 1900." 

Plea.— "Not guilty." 

Finding. — Of the first specification, "guilty, except of the words, 'by beating the 
said Gabriel Castillo with a club and,' and of said excepted words not guilty." Of 
the second specification, " guilty, except of the words, ' by beating the said Feliciano 
Maxino with a club and,' and of said excepted words not guilty." Of the third 
specification, "guilty, except of the words 'and by cutting and striking said Jer- 
mana del Castillo, Flotilde Maxino, Antonino Maxino, Manuel Maxino, and Cecilio 
Maxino with a bolo,' and of said excepted words not guilty." Of the charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Ambrosio Loreto, 
native Filipino, "to be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members of the commission con- 
curring in this sentence." 

In the foregoing case of Ambrosio Loreto, it appears from the record that the 
accused was a member of a band of outlaws that entered the pueblo of Unisan, and, 
first murdering the father-in-law and a nephew of Antonio Maxino, then proceeded 
to kidnap and carry away the family of said Maxino, consisting of his wife, a daughter 
of fourteen years, and three sons, one a mere infant. The accused appeared to be in 
command of the band, and then and there proclaimed himself ' ' captain ' ' and ' ' king. ' ' 
Three days after the kidnapping of the family he was again present, with members 
of his band, in a secluded place in the forest, Avhere the helpless wife and children 
were murdered with clubs, with which the band beat out their brains, the accused, 
with a club in his hands, aiding in inflicting the fatal blows. 

No motive other than robbery appears of record to explain this barbarous slaughter 
of men, women, and children, in which the accused, it is plainly evident, actively 
and willingly engaged. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Tayabas, Province of Tayabas, Luzon, P. I., on the 
22d day of March, A. D. 1901 , under the direction of the commanding general, Depart- 
ment of Southern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, March 7, 1901. 
General Orders, No. 43. 

Before a military commission which convened at Iloilo, Panay, P. I., pursuant to 
paragraph 11, Special Orders, No. 2, Headquarters Department of the Visayas, Jan- 
uary 3, 1901, and of which Lieut. Col. Charles J. Crane, 38th Infantry, U. S. Volun- 



CHARaES OF CRUELTY, ETC., TO FILIPINOS. 119 

teers, was president, and Capt. Edwin F. Glenn, 25th U. S. Infantry, was judge- 
advocate, was arraigned and tried Doroteo Torones, a native. 

Chakge I. — "Arson." 

Specification 1. — "In that on or about the 8th day of March, 1900, then, as now, a 
time of insurrection, at or near the barrio of Xapnapan, in the province of Iloilo, 
island of Panay, P. I., a place then, as now, a part of the territory and under the 
military government of the United States, Doroteo Torones, a native, in company 
of and consorting with a band of armed outlaws to the number of fifty, more or less, 
did wilfully, maliciously, and feloniously set fire to and burn the dwelling house of 
one Anastacio Barcelona, a native, thereby destroying said dwelling house and its 
contents, to wit: Eight (8) cows, tive (5) carabaos, and forty (40) cavanes of rice, 
more or less." 

Specification 2. — "In that on or about the 8th day of March, 1900, then, as now, a 
time of insurrection, at or near the barrio of Xapnapan, in the province of Iloilo, 
island of Panay, P. I., a place then, as now, a part of the territory and under the 
military government of the United States, Doroteo Torones, a native, in company 
of and consorting with a band of armed outlaws to the number of -fifty (50) , more or 
less, did willfully, maliciously, and feloniously set fire to and burn the dwelling house 
of one Francisco Trompeta, a native, thereby destroying said dwelling house and its 
contents, to wit: Ten (10) cavanes of rice, more or less." 

Specification 3. — "In that on or about the 8th day of March, 1900, then, as now, a 
time of insurrection, at or near the Vjarrio of Xapnapan, in the province of Iloilo, 
island of Panay, P. I., a place then, as now, a part of the territory and under the 
military government of the United States, Doroteo Torones, a native, in company 
of and consorting with a band of armed outlaws to the number of fifty, more or less, 
■did wilfully, maliciously, and feloniously set fire to and burn the dwelling house of 
one Vicente Baldomer, a native, thereby destroying said dwelling house and its con- 
tents, to wit: Ten (10) cavanes of rice, more or less." 

Specification 4- — "In that on or about the 8th day of March, 1900, then, as now, a 
time of insurrection, at or near the barrio of Xapnapan, in the province of Iloilo, 
island of Panay, P. I., a place then, as now, a part of the territory and under the 
military government of the United States, Doroteo Torones, a native, in company 
of and consorting with a band of armed outlaws to the number of fifty, more or less, 
did wilfully, maliciously, and feloniously set fire to and burn one hundred and ten 
(110) dwelling houses, more or less, belonging to the inhabitants of the said barrio 
of Xapnapan." 

Charge II.— "Kobbery." 

Specification. — "In that on or about the 8th day of ]March, 1900, then, as now, a 
time of insurrection, at or near the barrio of Xapnapan, in the province of Iloilo, 
island of Panay, P. I., a place then, as now, a part of the territory and under the 
military government of the United States, Doroteo Torones, a native, in company 
of and consorting with a band of armed outlaws to the number of fifty, more or less, 
did wilfully, feloniously, and forcibly take, steal, and carry away from the dwelling 
house of one Clemencia Terania, a native, clothing of the value of ten (10) dollars, 
more or less, the property of the said Clemencia Terania, with the intent then and 
there to appropriate the same to his own use and benefit, and to the use and benefit 
of the members of the said band." 

Plea.— "Xot guiltv." 

Finding.- "Guilty." 

Sentence. — And the commission does therefore sentence him, Doroteo Torones, 
"To be confined at hard labor, at such place as the reviewing authority may direct, 
for the period of twenty (20) years." 

In the foregoing case of Doroteo Torones, native, it appears that the accused, in 
company and in command of a band of outlaws, fifty, more or less, armed with guns 
and bolos, on the 8th day of INIarch, 1900, descended upon the barrio of Xapnapan, 
Iloilo, and burned one hundred and ten houses of the natives there and the contents, 
including many carabaos, with no other motive apparent than wantonness or a desire 
to terrorize the community into submission to incidental rol)bery. 

The sentence, approved by the Department Coimnander, is confirmed and will be 
duly executed at the Presidio de ^lanila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, V. S. Volunteers, Chief of Stafi'. 



120 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, P. I., March 7, 1901. 
General Orders, No. 44. 

Before a military commission which convened at Tacloban, Leyte, P. I., pursuant to 
paragraph 1, Special Orders, No. 223, December 13, 1900, PI eadquarters Department of 
the Visayas, and of which Maj. Frederick J. Combe, surgeon, U. S. Volunteers, was 
president, and First Lieut. Robert Le Masurier, 43d Infantry, U. S. Volunteers, was 
judge-advocate, was arraigned and tried Eulalio Fernandez, a native. 

Charge. — ' ' Murder. ' ' 

Specification. — " In that, at or about one (1 ) o' clock a. m. , on or about the 24th day of 
August, A. D. 1900, then, as now, a time of insurrection, at or near the barrio of 
Sagcajan, in the pueblo of Tacloban, island of Leyte, P. I., the said place being then, 
as now, a part of the territory of the United States and under its military govern- 
ment, one Eulalio Fernandez, a native resident of the said barrio of Sagcajan, did 
willfully, feloniously, and with malice aforethought murder and kill one Hilario 
Daaco, a native resident of the said barrio of Sagcajan, by then and there striking 
and cutting the sa^d Hilai'io Daaco with a knife or dagger held in the hand of the 
said Eulalio Fernandez, then and there and in the manner aforesaid inflicting upon 
the said Hilario Daaco a grievous bodily wound, from the effects of which said wound, 
so inflicted as aforesaid, the said Hilario Daaco then and there died at or about nine 
(9) o'clock a. m., on or about the said 24th day of August. A. D. 1900." 

Plea.— ''Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Eulalio Fernandez, 
a native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the commission concurring." 

In the foregoing case of Eulalio Fernandez the accused is alleged to have murdered 
Hilario Daaco, a native, without motive or reason, by rushing up to him in the pres- 
ence of two Avitnesses at two (2) o'clock in the morning and stabbing him once with 
a dagger. There is a want of fullness and frankness as to the details of this alleged 
assault that leaves much of material importance lacking in the record and the testi- 
mony of the prosecution unconvincing. The elements necessary to make out the 
crime of murder, i. e., premeditation and malice aforethought, have not been proven, 
nor even those facts that are necessary to make out a felonious killing. 

The evidence, on the other hand, submitted in behalf of the defense of justifiable 
homicide, is consistent with the probabilities, is plausible, and corroborated not only 
by two native witnesses, but in part by- Maj. Frederick J. Combe, surgeon, U. S. V. 

On the merits of the case there is ample room for that reasonable doubt in favor 
of the accused to the benefit of which, under the law, he is entitled; but there appears 
of record a very grave error in ruling on the admission of evidence which materially 
affects a substantial right of the accused. The question of Rafael Panoranda, on 
cross-examination, "Are you a Bolero?" was not incompetent. No one was more 
competent to answer this question than the witness himself. The question was 
material as affecting the credibility of the witness and the reliance to "be placed in 
his testimony. It was vitally material to the accused as calling for corroborative 
facts to his defense. If the question was excluded on the ground that the answer 
might tend to incriminate the witness, this was error. The privilege of refusing to 
answer such questions is personal to the witness and can be exercised or waived by 
him alone, and his inquisitor is entitled to have that personal refusal and the grounds 
thereof spread upon the record as an element to be considered in gauging the weight 
to be given to his testimony. 

To hold this accused guilty of murder under the conditions presented in this case, 
when it is a notorious fact that murderous bands are industriously kidnaping, assas- 
sinating, and even burying alive their countrymen, is to make the law blind to the 
actual conditions prevailing here and thereby distort its true spirit of protection of 
the lives of just men into a written code so inflexible and blind as to make it an 
engine of wrong. 

In view of the foregoing, the finding and sentence are disapproved and the accused 
will be set at liberty. 

By command of Major-Creneral Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 121 

Headquarters Division of the Philippines, 

Manila, P. J., March 8, 1901. 
General Orders, No. 45. 

Before a military commission which convened at San Isidro, province of Nueva 
Ecija, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 171, Headquarters 
Department of Northern Luzon, October 17, 1900, and of which Capt. Erneste V. 
Smith, 4th U. S. Infantry, was president, and First Lieut. Richard C. Day, 34th 
Infantry, U. S. Vols., was judge-advocate, was arraigned and tried Benito Catacutan, 
a native. 

Charge I. — "Murder." Specification. — "In that Benito Catacutan, native, in 
company of, and consorting with, a band of armed outlaws, to the number of 5, more 
or less, did willfully, feloniously, and with malice aforethought, kill and murder one 
Pedro Escobar, native, by forcibly seizing and binding the arms of the said Escobar, 
native, and then throwing him, the said Escobar, native, so bound by the hands of 
the said Catacutan, and the hands of the said outlaws, into the Rio Grande de Fam- 
panga, thereby causing the death by drowning of the said Escobar, native. This at 
the barrio of Santa Cruz, pueblo of San Luis, Pampanga, Luzon, a place then, as 
now, in territory occupied by United States troops, at or about 11 o'clock p. m., July 
4, 1900, a time then, as now, of insurrection against the authority of the United 
States." 

Charge II. — "Assault with intent to kill." Specification. — " In that Benito Cata- 
cutan, native, in company of, and consorting with, a band of armed outlaws, to the 
number of 5, more or less, did forcibly seize and bind the arms of Pedro Escobar, 
Teodoro Lumban, Bastillo Torres, and Pedro Sese, natives, and each of them, and 
did then throw the said Escobar, Lumban, Torres, and Sese, natives, and each of them, 
so bound, at the hands of said Catacutan and at the hands of the said outlaws, into the 
Rio Grande de Pampanga, thereby intending by such assault to compass the death of 
the said Escobar, Lumban, Torres, and Sese, natives, and each of them. This at barrio 
Santa Cruz, pueblo of San Luis, Pampanga, Luzon, at or about 11 o'clock p. m., July 
4, 1900, a time then, as now% of insurrection against the authority of the United States, 
and in territory occupied by United States troops." 

Charge III. — "Robbery." Specification. — " In that Benito Catacutan, native, in 
company of, and consorting with, a band of armed outlaws to the number of 5, more 
or less, did forcibly seize, steal, take, and remove from the presence of Pedro Escobar, 
Teodoro Lumban, Bastillo Torres, and Pedro Sese, natives, certain money consisting 
of 37 pesos, more or less, the property of the said Escobar, Lumban, Torres, and Sese, 
natives. This at barrio of Santa Cruz, pueblo of San Luis, Pampanga, Luzon, a place 
then, as now, in territory occupied by United States troops, on July 4, 1900, a time 
then, as now, of insurrection against the authority of the United States." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Benito Catacutan, 
native, "to be hung by the neck until he is dead, at such time and place as the 
proper authorities may direct, two-thirds of the members concurring therein." 

In the foregoing case of Benito Catacutan, native, it appears of record that four 
men, natives, journeyed together from their home in Arayat to San Luis to attend 
mass on the 4th of July. Night overtaking them, on their return they stopped in a 
house in the barrio of Santa Cruz. With the permission of the master of the house 
a game of monte was started, the visitors from Arayat pooling their money and keep- 
ing the bank. Many people were present. The game broke up about 11 o'clock and 
the players departed, except the visitors from Arayat, who were given beds for the 
night. The bank had won some money, and the visitors, while talking over their 
good fortune, were surprised by the return of the accused and four other men, one 
armed with a rifle and the others with bolos, who proceeded to tie their arms behind 
their backs and to take from them the money found upon their persons. This being 
accomplished, the assailants drove their captives before them to the river near by 
and, further securing them by tying them together by the necks with a rope, they 
then forced them, with cutting blows with their bolos, 'into the river. While strug- 
gling in the water three of the men, by mutual assistance with their hands and teeth, 
succeeded in loosening their fastenings, but the deceased, who Avas more severely 
wounded than his companions, sank and was drowned, his body being recovered 
from the river the next day, exhibiting several deep bolo wounds, and with the 
arms still bound behind the back. 

Two of the men who escaped appeared before the commission, bearing upon their 
bodies ugly scars in evidence of the deadly assault made upon them, the details of 
which they related with every appearance oi fidelity to the truth. The testimony of 
these witnesses is largely corroborated by the man whose guests they were and by 
other witnesses present at the game. 



122 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

The accused in his sworn statement admitted the assault and that he took the 
money, but denied all part in the assault and murder by drowning that followed. 

That he is, however, guilty as charged there is no reasonable doubt. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the period of his natural life. The Presidio 
de Manila is designated as the place of confinement, to which the prisoner will be 
sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff". 



Headquarters Division of the Philippines, 

Manila, P. L, March 9, 1901. 
General Orders, No. 46. 

Before a military commission which convened at Lingayen, Pangasinan, Luzon, 
P. I., pursuant to paragraph 6, Special Orders, No. 234, Headquarters Department 
of Northern Luzon, December 23, 1900, and of which Maj. Charles L. Hodges, 17th 
U. S. Infantry, was president, and Second Lieut. John R. Thomas, jr., 17th U. S. 
Infantry, was judge-advocate, were arraigned and tried Pastor Estrada, Jacinto 
Bravo, and Mariano Bravo, natives. 

Charge. — "Murder." Specification. — "In that on a certain Monday (date 
unknown) in the month of December, 1899, Pastor Estrada, Jacinto Bravo, and 
Mariano Bravo, natives, did go in a party to the house of one Martin Ibasan, native 
in the barrio of San Isidro, town of Binmalej^ province of Pangasinan, island of 
Luzon, P. I., and did willfully, feloniously, and with malice aforethought, kill and 
murder the said Martin Ibasan, by cutting and stabbing the said Martin Ibasan with 
deadly weapons, commonly called bolos, inflicting therewith wounds whereof the 
said Martin Ibasan then and there died. This at a time then, as now, of insur- 
rection against the supreme authority of the United States, and in a place then, as 
now, in the theater of active militarv operations of the armed forces of the United 
States." 

Pleas.— "Not guilty." 

Findings. — Mariano Bravo, of the specification, "guilty, excepting the word 
' natives, ' and substituting therefor the word ' native, ' and excepting the words ' in 
a party' and excepting the words ' deadly weapons,' substituting therefor the words 
'a deadly weapon,' and excepting the word 'bolos,' substituting therefor the words 
'a dagger,' excepting the word 'wounds,' substituting the words 'a wound,' of the 
excepted words not guilty, of the substituted words guilty." Of the charge, 
"guilty." Pastor Estrada and Jacinto Bravo, of the specification, "not guilty." 
Of the charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Mariano Bravo, 
native, " To be confined at hard labor, at such place as the reviewing authority may 
direct, for the period of twenty-five years." 

And the commission does therefore acquit them, Pastor Estrada and Jacinto Bravo, 
natives. 

In the foregoing case of Pastor Estrada, Jacinto Bravo, and Mariano Bravo, natives, 
it appears that the wife of the deceased alone gives evidence incriminating to the 
accused, Mariano Bravo, and those accused who were acquitted. As to the latter 
the acquittal of itself shows this witness' testimony to have been in part unreliable. 
She certainly can not be said to be unbiased against the admitted slayer of her hus- 
band, and her motive for falsifying against Mariano Bravo was stronger than against 
the other two, as the former actually struck the blow. Her testimony is not only 
unconvincing but tainted with glaring improbabilities, and is absolutely discredited 
in its relation to the accused Pastor Estrada and Jacinto Bravo. 

The testimony of the accused, Mariano Bravo, corroborated by Raphina Doria, is 
that deceased, enraged by the refusal of Mariano to join the Guardia de Honor, 
attacked him with a dagger, and in the struggle received a wound from his own 
weapon. The character of the Guardia de Honor and its methods of assassination 
are of sufficient publicity to justify judicial notice to be taken of them, and if more 
natives took the positive stand against its criminal aggressions against life and liberty 
as it seems probable was taken by Mariano Bravo, the suppression of such unlawful 
organizations would be greatly facilitated. 

As a criminal act has not been made out beyond a reasonable doubt in this case, 
the sentence of Mariano Bravo is disapproved, and he will be set at liberty. 

By command of Major General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff". 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 123 

Headquarters Division of the Philippines, 

Manila, P. I., March 13, 1901. 
General Orders, Xo. 47. 

Before a military commission which convened at Lingayen, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 6, Special Orders, Xo. 23-1:, Headquarters 
Department of Xorthern Luzon, l3ecember 23, 1900, and of which Maj. Charles L. 
Hodges, 17th V. S. Infantry, was president, and Second Lieut. John R. Thomas, jr., 
17th L". S. Infantry, was judge-advocate, was arraigned and tried Silverio Cavili and 
Lorenzo de la Cruz, natives. 

Charge 1. — "Murder." Specification. — "In that Silverio Cavili and Lorenzo de la 
Cruz, natives, on or about December 6, 1900, a time of insurrection, then as now, 
against the lawful authority of the United States, at or near barrio Talogtog, in Lin- 
gayen district, province of Pangasinan, P. I. , a place, then as now, in the theater of 
active military operations, in company of, and consorting with, a band of outlaws 
armed with bolos and to the number of six (6), more or less, did feloniously and 
with malice aforethought kill and murder one Casiano Buyong Cruz, native, by 
binding his arms with rope and forcibly carrying him away from his home, and then 
throwing him while bound into the river Agno, thereby causing the death by drown- 
ing of the said Buyong Cruz. This at the time and place specified." 

CharCtE 2. — "Robbery." Specification. — "In that Silverio Cavili and Lorenzo de 
la Cruz, natives, on or about December 6, 1900, a time of insurrection then as now, 
against the lawful authority of the United States, at barrio Talogtog, in Lingayen 
district, province of Pangasinan, P. I., a place, then as now, in the theater of active 
military operations, in company of, and consorting with, a band of outlaws armed 
with bolos, and to the number of six (6), more or less, did feloniously and forcibly 
take from the presence of Sehora Marcela Vinluan, native, money to value of (46) 
forty-six dollars, Mexican, more or less, and a C[uantity of clothing and jewelry to the 
value of (15) fifteen dollars, Mexican, more or less, the property of the said Marcela 
Vinluan and her husband, Casiano Buyong Cruz. This at the time and place 
above specified." 

Pleas.— "Xot guilty." 

Findings. — Silverio Cavili, "guilty." Lorenzo de la Cruz, "not guilty." 

Sentence. — And the commission does therefore sentence him, Silverio Cavili, 
native, "to be hatiged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring therein." 

And the commission does therefore "acquit" him, Lorenzo de la Cruz, native. 

In the foregoing case of Silverio Cavili and Lorenzo de la Cruz, natives, a single 
witness gives evidence connecting both of the accused with the commission of the 
alleged crimes. The facts alleged against each are identical and the witness is as 
positive in her allegations against one as against the other. One is acquitted and 
properly so, the other convicted and sentenced to death. The logic of this latter 
finding is predicated on the evident belief of the commission that the accused, Sil- 
verio Cavili, from the witness stand, made a false statement as to an extraneous matter, 
to which false statement the commission appears to have given undue weight in its 
findings. The question as to the truth or falsity of this statement resolves itself into 
a matter of veracity between two witnesses. The conmiission undoubtedly had the 
right to disbelieve either. But conceding the statement of Silverio Cavili to have 
been made falsely in order to strengthen his defense, this in itself does not prove him 
guilty of the alleged murder and robbery nor strengthen the unconvincing and dis- 
credited testimony of the prosecution upon those charges. 

That the single witness to the facts connecting both of the accused with the crimes 
testified falsely in every fact applicable to one of them, has been judicially deter- 
mined by the acquittal of the accused Lorenzo de la Cruz, and as this same evidence, 
uncorroborated, comprises all there is to support the finding of guilty against the 
accused Silverio Cavili, no adequate reason appears why he was not acquitted also. 

The sentence is therefore disapproved, and the accused, Silverio Cavili, will be set 
at liberty. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- GenercU, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., March 16, 1901. 
General Orders, No. 49. 

Before a military commission which convened at Manila, Luzon, P. I., pursuant 
to paragraph 1, Special Orders, No. 149, Headquarters Division of the Philippines, 



124 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

September 27, 1900, and of which Maj. WilUam P. Yose, 6th U. S. Artillery, was 
president, and 1st Lieut. Edward H. White, 39th Infantry, U. S. Vols., was judge- 
advocate, was arraigned and tried Nicolas Ignacio, native. 

Charge. — "Murder." Specification. — " In that Nicolas Ignacio, a native, did 
willfully, feloniously, and with malice aforethought kill and murder one Jose Rodri- 
guez, a Spaniard, by stabbing him with a bolo in Ms (the said Nicolas Ignacio' s) hand, 
then and there had and held, and inflicting wounds therewith, whereof the said Jose 
Rodriguez then and there died. This in time of insurrection at Ragay, Camarines 
Sur, Luzon, P. L, a place under the military government of the United States, on or 
about April 15, 1900." 

Plea.— "Not guilty." 

Finding. — " Guilty." 

Sentence. — And the commission does therefore sentence him, Nicolas Ignacio, 
native, "To be confined at hard labor for the term of his natural life, at such place, 
beyond the limits of the Philippine archipelago, as the reviewing authority may 
direct. ' ' 

In the foregoing case, it is established, by affirmative evidence, beyond any reason- 
able doubt, that the accused, Nicolas Ignacio, native, ruthlessly hacked to death, 
with a bolo, Jose Rodriguez, a Spanish prisoner, because the latter had asked to be 
excused from performing a menial duty during a holiday. The murder was pre- 
meditated, cold-blooded, and cowardly, the relation of conquerer and conquered, cus- 
todian and prisoner of war, existing between the parties; and the deed was committed 
while the deceased was unarmed and defenseless. The case is devoid of extenuating 
circumstances. 

So much of the sentence as designates its place of execution goes beyond the judi- 
cial functions of the commission. Courts-martial and military commissions fix the 
nature and duration of the punishment they impose, but have no power to designate 
the place of execution. 

So much of the sentence as relates to confinement at hard labor for life is approved, 
and will be duly executed. The presidio de Manila is designated as the place of con- 
finement, to which the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division op the Philippines, 

Manila, P. I., March 16, 1901. 

General Orders, No. 49. 

Before a military commission which convened at Manila, Luzon, P. I., pursuant to 
paragraph 1, Special Orders, No. 149, Headquarters Division of the Philippines, 
September 27, 1900, and of which Maj. William P. Vose, 6th U. S. Artillery, was 
president, and First Lieut. Edward H. White, 39th Infantry, U. S. Vols., was judge- 
advocate, was arraigned and tried: Nicolas Ignacio, native. 

Charge. — * ' Murder. ' ' Specification. — " In that Nicolas Ignacio, a native, did will- 
fully, feloniously, and with malice aforethought, kill and murder one Jose Rodriguez, 
a Spaniard, by stabbing him with a bolo in his (the said Nicolas Ignacio' s) hand, then 
and there had and held, and inflicting wounds therewith, whereof the said Jose 
Rodriguez then and there died. This in time of insurrection at Ragay, Camarines 
Sur, Luzon, P. I., a place under the military government of the United States, on or 
about April 15, 1900." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Nicolas Ignacio, 
native, " To be confined at hard labor for the term of his natural life, at such place, 
beyond the limits of the Philippine Archipelago, as the reviewing authority may 
direct." 

In the foregoing case, it is established, by affirmative evidence, beyond any reason- 
able doubt, that the accused, Nicolas Ignacia, native, ruthlessly hacked to death, 
with a bolo, Jose Rodriguez, a Spanish prisoner, because the latter had asked to be 
excused from performing a menial duty during a holiday. The murder was pre- 
meditated, cold-blooded and cowardly, the relation of conqueror and conquered,_ cus- 
todian and prisoner of war, existing between the parties; and the deed was committed 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 125 

while the deceased was unarmed and defenseless. The case is devoid of extenuating 
circumstances. 

So much of the sentence as designates its place of execution goes beyond the judicial 
functions of the commission. Courts-martial and military commissions fix the nature 
and duration of the punishment they impose, but have no power to designate the 
place of execution. 

So much of the sentence as relates to confinement at hard labor for life is approved, 
and will be duly executed. The Presidio de Manila is designated as the place of con- 
finement, to which the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, March 18, 1901. 
General Orders, No. 51. 

Before a military commission which convened at Aparri, Province of Cagayan, 
Luzon, P. I., pursuant to paragraph 11, Special Orders, No. 79, Headquarters Depart- 
ment of the Pacific and 8th Army Corps, March 24, 1900, and of which Maj. Henry 
G. Ward, 16th U. S. Infantry, was president, and First Lieut. Guy G. Palmer, 16th 
U. S. Infantry, was judge-advocate, was arraigned and tried: Pablo Lemo, Apolonio 
Jipagan, and Eualio Manabag, natives. 

Charge. — "Murder." Specification. — "In that they, Pablo Lemo, Apolinio Jipa- 
gan, and Eualio Manabag, natives, and each of them, on or about February 28, 
1900, a time, then as now, of insurrection, at or near the pueblo of Cabagan Nuevo, 
Province of Isabela, P. I, a place, then as now, in the theater of active military 
operations, in company and consorting with Jose Licuel, Vicente Tolamayan, and 
Guadlucio Tolamayan, did willfully, feloniously, and with malice aforethought, kill 
and murder Private Eugene S. Anderson, Company E, 16th IT. S. Infantry, by 
stabbing the said Private Eugene S. Anderson with a poniard and striking him with 
bolos held in the hands of the said Pablo Lemo, Apolonio Jipagan, and Eualio 
Manabag, and their companions, inflicting wounds therewith whereof the said Pri- 
vate Eugene S. Anderson then and there died. This at the time and place above 
specified." 

Pleas.— "Not guilty." 

Findings. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Pablo Lemo, 
Apolonio Jipagan, and Eualio Manabag, natives, and each of them, "To be hung by 
the neck until they and each of them be dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Pablo Lemo, Apolonio Jipagan, and Eualio Manabag, 
natives, who were jointly tried for the murder of Private Eugene S. Anderson, Com- 
pany E, 16th U. S. Infantry, it appears that the deceased and another soldier con- 
stituted a guard for a casco that stopped near the town of Cabagan Nuevo and the 
deceased went ashore to gather wood. He was seen to enter a near-by copse, accom- 
panied by two of these accused, who were in ordinary dress, and with Avhoin he was 
conversing in an apparently friendly manner. Failing to return promptly, his name 
' was called loudly and a rifle fired to attract his attention, without getting any 
response. 

From the testimony of a single eyewitness, corroborated by convincing circum- 
stantial evidence, it appears that the deceased was seized and brutally murdered by 
these accused ; the witness's testimony being further confirmed by the subsequent 
finding and identification of the body of the deceased. 

The witnesses introduced by the defendants failed completely to meet the charge, 
their testimony being confined solely to their good reputation. 

No provocation whatever appears to have prompted their wanton act of murder. 

The sentence of death awarded these accused is approved, and will be duly exe- 
cuted at the pueblo of Tuguegarao, Province of Cagayan, Luzon, P. I., on the'ninth 
(9) day of April, A. D. 1901, under the direction of the commanding general, Depart- 
ment of Northern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



126 CHARGES OV CRUELTY, ETC., TO FILIPINOS. 

Headquaeters Division of the Philippines, 

Maniia, P. I., March 20, 1901. 
General Orders, No. 52. 

Before a military commission which convened at Tarlac, province of Tarlac, Luzon, 
P. I., pursuant to paragraph 3, Special Orders, No. 193, Headquarters Department of 
Northern Luzon, November 9, 1900, and of which Maj. Henry C. Ward, 12th IT. S. 
Infantry, was president, and First Lieut. George H. Shields, jr., 12th U. S. Infantry, 
was judge-advocate, was arraigned and tried: Federico Morales, a native. 

Charge. — " Aiding and abetting a public enemy." 

Specification 1. — "In that he, Federico Morales, presidente of La Paz, P. L, did, 
while serving as presidente of La Paz, P. L, under the authority of the United States, 
give the insurgent forces, a public enemy, information as to the movements of the 
United States troops. This at La Paz, P. I. , on or about September 26, 1900, then, 
as well as now, in time of insurrection against the lawful authority of the United 
States and within the theater of military operations." 

Specifications. — "In that he, Federico Morales, presidente of La Paz, P. I., did, 
w^hile serving as presidente of La Paz, P. L, under the authority of the United States, 
give orders for food and clothing to be collected and sent to the insurgent forces, a 
public enemy. This at La Paz, P. L, on or about September 26, 1900, then, as 
well as now, in time of insurrection against the lawful authority of the United States 
and within the theater of military operations." 

Specification 3. — "In that he, Federico Morales, presidente of La Paz, P., I., did, 
while serving as presidente of La Paz, P. I. , under the authority of the United States, 
take money, wine, and food, more or less, to the insurgent forces, a public enemy of 
the United States. This at La Paz, P. I., on or about October 3, 1900, then, as 
well as now, in time of insurrection against the lawful authority of the United States 
and within the theater of military operations." 

Specification 4- — "In that he, Federico Morales, presidente of La Paz, P. I., did, 
while serving as presidente of La Paz, P. I., under the authority of the LTnited States, 
give orders to the cabezas of the barrios of the pueblo of La Paz, P. I., that on the 
approach of the L^nited States troops to notify any insurgent forces that might be in 
or around their respective barrios, of the approach of said LTnited States troops. 
This at La Paz, P. I., on or about October 5, 1900, then, as well as now, in time of 
insurrection against the lawful authority of the United States and within the theater 
of military operations." 

Specification 5. — "In that Federico Morales, presidente of La Paz, P. I., did, while 
serving as presidente of La Paz, P. L, under the authority of the United States, col- 
lect money, amount unknown, pretending it was for the purpose of building a church 
at La Paz, P. L, but in realit}^ for the insurrectos, a public enemy, to whom he gave 
said money. This at La Paz, P. I., between September 17, 1900, and November 
4, 1900, then, as well as now, in time of insurrection against the lawful authority of 
the United States and within the theater of military operations." 

Plea.—" Not guilty. ' ' 

Finding. — Of the first specification, "guilty." 

Of the second specification, "guilty." 

Of the fourth specification, "guilt}^, excepting the words 'the cabezas,' substi- 
tuting therefor ' a cabeza ' and excepting the words ' the barrios ' substituting there- 
for ' a barrio ' of the excepted words, not guilty, and of the substituted words, guilty." 

Of the fifth specification, "guilty." 

Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Federico Morales, 
native, ' ' to be hanged by the neck until dead, at such time and place as the reviewing , 
authorities may direct, two-thirds of the commission concurring." 

In the foregoing case of Federico Morales, native, the accused admitted that he was 
the presidente of La Paz ; that he had taken the oath of allegiance to the United States 
and that he well knew ' ' that after taking this oath he could have nothing to do with 
the enemies of the United States. ' ' The evidence clearly shows that, while outwardly 
loyally performing the duties of his office under the authority of the United States, 
he was treasonabl}^ and secretly devoting his energies to giving aid and comfort to the 
insurgents by collecting contributions of money, raising and forwarding to them sup- 
plies of food and clothing and in giving them information concerning the disposition 
and movements of the United States troops. 

Natives who assume the duties of office under the authority of the LTnited States, 
and then traitorously and secretly use their position of trust and confidence to more 
surely render effective aid and encouragement to their enemies, must expect to suffer 
the penalties authorized by the laws of war. 

The sentence, approved by the department commander, is confirmed, but is com- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 127 

muted to confinement at hard labor for the period of ten years. As mitigated the 
sentence will be duly executed. The Presidio de Manila is designated as the place of 
confinement, to which the prisoner will be sent under proper guard. 
By command of Major-General Mc Arthur: 

Thomas H. B.uiry, 
Brigadier-General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippixes, 

Manila, P. L, March 20, 1901. 
General Orders, Xo. 53. 

Before a military commission convened at Bautista, province of Pangasinan, Luzon, 
P. I., pursuant to paragraph 9, Special Orders, Xo. 193, Headquarters Department of 
Northern Luzon, Xovember 9, 1900, and of which Captain William L. Buck, 13th 
L^. S. Infantry, was president, and 1st Lieutenant Palmer E. Pierce, 13th U. S. 
Infantry, was judge-advocate, was arranged and tried Inocencio Mendoza, native. 

Charge. — "Murder." Specification. — " In that Inocencio Mendoza, a native, in 
company of, and consorting with, Guilermo Garcia and Florencio Semana, natives, 
did willfully, feloniously, and with malice aforethought, kill and murder Juana 
Licay, Alejandro Manyon, Ambrosio Balagot, and Espitacia ]Manyon, natives, with 
bolos held in the hands of said Mendoza, Garcia, and Semana, inflicting wounds 
therewith whereof they, the said Juana Licay, Alejandro Manyon, Amrosio Balagot, 
and Espitacia ]Manyon then and there died. This near San Julian, a barrio of 
Moncada, Tarlac Province, P. I., a place then, as now, under military government of 
the L'nited States, on or about May 27, 1900, then, as now, a time of insurrection 
against the lawful authoritv of the United States." 

Plea.— "Not guilty." 

Findings. — Of the specification, "guilty, except of the words ' Alejandro Manyon' 
and 'Espitacia Manyon,' substituting therefor the words 'Alejandro Manzon ' and 
* Cornelia Manzon ' and of the excepted words not guilty and of the substituted 
words guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Inocencio Mendoza, 
a native, " to be hung by the neck till dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case of Inocencio Mendoza, native, it appears of record that the 
accused and two associates who are now undergoing life sentences at hard labor, 
approached a party of five persons, two men, one woman, and two children, who 
were engaged in fishing; that these men were armed with talibones and asked the 
fishers for, and Avithout pay or protest from them were given fish. They next pos- 
sessed themselves of a bolo, which one of the fishermen had with him, and then 
proceeded to kill the deceased with their talibones. 

One of their intended victims escaped and told the story of their crime. His tes- 
timony and that of other witnesses, supported by many corroborating facts, leave no 
reasonable doubt that the accused is guilty as charged. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to confinement at hard labor during the period of his natural life. As thus 
mitigated, the sentence will be duly executed at the Presidio de Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur. 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., March ^U, 1901. 
General Orders, No. 54. 

Before a military commission which convened at Lingayen, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 6, Special Orders No. 234, Headquarters 
Department of Northern Luzon, December 23, 1900, and of which Major Charles L. 
Hodges, 17th U. S. Infantry, was president, and 2d Lieutenant John R. Thomas, jr., 
17th U. S. Infantry, was judge-advocate, was arraigned and tried Lorenzo Ramos, a 
native. 

Charge.— " Murder." 

Specijiccdion 1. — "In that Lorenzo Ramos, a native, durins: the month of October 



128 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

or November, 1899, at or near the barrio of Buenlag, pueblo of Binmaley, province 
of Pangasinan, then, as now, in time of insurrection and in the theater of active mih- 
tary operations, in company with a band of natives acting under his orders, did will- 
fully, feloniously, and with malice aforethought kill and murder Cornelio Pachico, a 
native, by shooting him with a revolver held in the hands of said Lorenzo Ramos, 
from the effects of which the said Cornelio Pachico then and there died. This at the 
time and place above specified." 
Specijication 2. — " In that Lorenzo Ramos, native, during the month of December, 

1899, at or near the barrio of Buenlag, pueblo of Binmaley, province of Pangasinan, 
then, as now, in time of insurrection and in the theater of active military operations, 
in company with a band of natives acting under his orders, did willfully, feloniously, 
and with malice aforethought kill and murder Apolonario de Vera and his two chil- 
dren (names unknown) by shooting them with a revolver held in the hand of said 
Lorenzo Ramos, from the effects of which said Apolonario de Vera and his two chil- 
dren (names unknown) then and there died. This at the time and place above 
specified." 

Specifications. — "In that Lorenzo Ramos, native, during the month of January, 

1900, at or near the barrio of Buenlag, pueblo of Binmaley, province of Pangasinan, 
then, as now, in time of insurrection and in the theater of active military operations, 
in company with a band of natives acting under his orders, did willfulh^, feloniously, 
and with malice aforethought kill and murder Felix Fernandez and Santiago Fer- 
nandez, each and both of them, by shooting them with a revolver held in the hand 
of said Lorenzo Ramos, from the effects of which said Felix Fernandez and Santiago 
Fernandez, each and both of them, then and there died. This at the time and place 
above specified." 

Specification 4- — "In that Lorenzo Ramos, native, during the month of January, 
1900, at or near the barrio of Buenlag, pueblo of Binmaley, province of Pangasinan, 
then, as now, in time of insurrection and in the theater of active military operations, 
in company with a band of natives acting under his orders, did willfully, feloniously, 
and with malice aforethought kill and murder Severino Victoria and Leon de Guz- 
man, natives, each and both of them, by shooting them with a revolver held in the 
hand of said Lorenzo Ranios, from the effects of which said Severino Victoria and 
Leon de Guzman, each and both of them, then and there died. This at the time 
and place above specified. ' ' 

Specification 5. — "In that Lorenzo Ramos, native, during the month of January, 
1900, at or near the barrio of Buenlag, pueblo of Binmaley, pro\'ince of Pangasinan, 
then, as now. in time of insurrection and in the theater of active military operations, 
in company with a band of natives acting under his orders, did willfully, feloniously, 
and with malice aforethought kill and murder Mariano Desgracias by shooting him 
with a revolver held in the hand of said Lorenzo Ramos, from the effects of which 
said jNIariano Desgracias then and there died. This at the time and place above 
specified." 

Specification 6. — "In that Lorenzo Ramos, native, during the month of April, 1900, 
at or near the barrio of Buenlag, pueblo of Binmaley, province of Pangasinan, then, 
as now, in time of insurrection, and in the theater of active military operations, in 
company with a band of natives acting under his orders, did willfully, feloniously, 
and with malice aforethought kill and murder Alejandro Marquez, alias Sandoy 
Pescador, native, by shooting him with a revolver held in the hand of said Lorenzo 
Ramos, from the effects of which said Alejandro Marquez, alias Sandoy Pescador, 
then and there died. This at the time and place above specified." 

Specification 7. — "In that Lorenzo Ramos, native, during the month of May, 1900, 
at or near the barrio of Buenlag, pueblo of Binmaley, province of Pangasinan, then, 
as now, in time of insurrection, and in the theater of active military operations, in 
company with a band of natives acting under his orders, did willfully, feloniously, 
and with malice aforethought kill and murder Mariano Augustine, native, by shoot- 
ing him with a revolver held in the hand of said Lorenzo Ramos, from the effects of 
which said Mariano Augustine then and there died. This at the time and place 
above specified." 

Plea.— "Not guilty." 

Finding. — Of the "first specification, "guilty, excepting the Avords 'in company 
with a band of natives, acting under his orders,' of the excepted words not guilty." 
Of the second specification, "guilty." Of the third specification, "not guilty." Of 
the fourth specification, "not guilty." Of the fifth specification, "not guilty." Of 
the sixth specification, "guilty." Of the seventh specification, "guilty." Of the 
charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Lorenzo Ramos, 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring therein." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 129 

In the foregoing cas^e it appears that the accused, Lorenzo Ramos, styUng himself 
a "captain of bolomen," maintained a reign of terror in the vicinity of liis operations 
by personally assassinating all who met with his displeasure. He alone carried a 
revolver, and forbade the use of one by his followers. Supported by a band of out- 
laws armed with talibones, he chose his victims, ordered out to the place of execu- 
tion all inhabitants of the locality as spectator's, and personally shot to death with a 
revolver, on distinct and separate occasions, four men and two children. His motive 
in one instance was retaliation for a refusal of his victim to sell him fish; in another, 
because too poor to pay him a contribution, and he killed a father because of his 
animosity to the son. 

Of the killing of these six natives the accused has been convicted on the most posi- 
tive and direct evidence of eye witnesses of the crime. Strong evidence against the 
accused as to the killing of five others under similar circumstances api^ears of record, 
and no reasonable doubt of his guilt as to these crimes springs naturally from the 
evidence. His acquittal under the specifications relating to these five can only be 
accounted for on the assumption that the commission was under a misapprehension 
of the meaning of the corpus delicti of a crime. This does not mean so much the 
physical body of the victim as the metaphorical body of the offense. It may be 
established by circumstantial as well as direct evidence, and the actual i3roduction of 
the physical body or of some witness who has seen it is not absolutely essential. In 
homicide it means that a killing has taken place and that the killing was felonious. 

When these two facts have been made out by any class of competent evidence the 
"corpus delicti" is established. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the pueblo of Binmaley, province of Pangasinan, Luzon, P. I., on 
the (5th) fifth day of April, A. D. 1901, under the direction of the commanding gen- 
eral, Department of Xorthern Luzon. 

By command of Major-General ]Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, V. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., March 21, 1901. 
General Orders, Xo. 55. 

Before a military commission which convened at Manila, Luzon, P. I., pursuant 
to paragraph 8, Special Ordei-s, No. 199, Headquarters Department of Southern 
Luzon, October 31, 1900, and of which Lieutenant-Colonel Edward M. Hayes, 4th 
V . S. Cavalry, was president, and 1st Lieutenant Lutz AVahl, 21st V. S. Infantry, 
Avas judge-advocate, was arraigned and tried Lorenzo Prieto, a Spaniard. 

Charge I. — "Corresponding with the enemy, in violation of the laws of war." 
Specification. — "In that Lorenzo Prieto, a Spaniard, did hold correspondence with 
the enemy by writing and transmitting secretly through the lines to General Juan 
Cailles, Lieutenant-Colonel Julio Herrera, and Captain Faustino Pantua, all insurrec- 
tionists and officers of the insurgent army, communications concerning the forces of 
the L'nited States, their movements, the acts and speeches of natives loyal to the 
Government of the United States, and rendering assistance to its forces.' This, in 
time of insurrection, at or near Manila, P. I., and San Pablo, Laguna Province, 
Luzon, P. I., both places under the military government of the L'nited States, in or 
about the months of May, June, and Juh% 1900." 

Charc^e II. — " Giving intelligence to the enemy, in violation of the laws of war." 
Specification 1. — "In that Lorenzo Prieto, a Spaniard, did give intelligence to the 
enemy by writing and transmitting secretly through the lines to General Juan Cailles, 
Lieutenant-Colonel Julio Herrera, and Faustino Pantua, all insurrectionists and 
officers of the insurgent army, comnnmications in substance as follows: Information 
whether or not a successful attack could be made by the insurgent army upon the 
detachment of United States soldiers garrisoning the city of San Pablo, Laguna 
Province, P. L, and information of the movement of United States troops from San 
Pablo, aforesaid, and information concerning losses in battle with insurgents, sus- 
tained by the army of the L^nited States, and information of the organization of 
Filipinos, loyal to the United States Government, for the purpose of aiding the 
United States forces, and of assistance promised the L^'nited States forces by soldiers 
of the insurgent army." 

Specification 2. — "In that Lorenzo Prieto, a Spaniard, did give intelligence to the 
enemy by writing and transmitting secretly through the lines to Lieutenant-Colonel 
Julio Herrera, an insurrectionist and officer of the insurgent army, communications 

S. Doc. 205, pt 2 9 



130 CHARGES OF CRUELTY, ETC. TO FILIPINOS. 

in substance as follows: Information, giving the names of Filipinos who participated 
in the celebration of Independence Day, 1900, at San Pablo, aforesaid, and informa- 
tion describing loyal speech and acts of the presidente of said San Pablo on said 
Independence Day, and information of the language of an address expressing alle- 
giance to the United States Government, made by Padre Quica, priest of said San 
Pablo, at San Pablo on Independence Day, 1900. All the above, in time of insur- 
rection, at or near San Pablo, province of Laguna, Luzon, P. I., and Manila, P. I., 
both places under the military government of the United States, in or about the 
months of May, June, and July, 1900. ' ' 

Pleas. — To the specification, first charge, "not guilty." To the first charge, 
guilt}^ except to the words, 'in violation of the laws of war,' of the accepted words 
not guilty." To the first specification, second charge, "not guilty." To the second 
specification, second charge, "guilty, excepttothe words 'secretly through the lines,' 
of the accepted words not guilty." To the second charge, "guilty, except to the 
w^ords 'in violation of the laws of war,' of the accepted words not guilty." 

Findings. — " Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Lorenzo Prieto, a 
Spaniard, "To be hung by the neck until he is dead, at such a time and place as 
the reviewing authority may direct, two-thirds of the members concurring therein. 

In the foregoing case of Lorenzo Prieto, a Spaniard by birth, it appears from the 
evidence consisting of the oral testimony of many witnesses and much documentary 
evidence, chiefly written and subscribed by himself, that while employed in Southern 
Luzon as an agent of a Manila firm, engaged in the copra trade, he was diligently 
engaged in forwarding to the insurgent chief Cailles and his subordinates, by secret 
agencies, all the military information he could gather that, in his opinion, might 
promote the interests of the insurgents, expose American garrisons to their successful 
attacks, and to betray by name such natives, men and women, as by loyal conduct 
and open declarations were supporting the Government of the United States. All 
this he did while maintaining the appearance of being solely engaged in legitimate 
trade under the sanction and protection of American authority; and, at a time when 
he well knew he exposed the lives of the natives he named to the notorious methods 
of murder and assasination of the insurgent chief with whom he corresponded. 

It further appears that he devised a plan whereby a tax could be levied upon the 
copra trade within the limits of his agency and offered his services to insure its suc- 
cessful collection, and that he was interested in the efforts of the insurgents to secure 
needed ammunition. 

That the accused deliberately chose to further the interests of the insurrection, in 
violation of his obligation of neutrality, appears in specific statements over his signa- 
ture. 

The sentence, approved by the department commander, is confirmed but is com- 
muted to imprisonment at hard labor for the term of ten (10) years. As thus com- 
muted, the sentence will be duly executed at th^, Presidio de Manilla, to which place 
the prisoner will be sent under proper guard. 

By command of Major General Mac Arthur: 

Thomas H. Baery, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquartees Division of the Philippines, 

Manila, P. L, March 22, 1901. 
General Orders, No. 56. 

Before a military commission which convened at Calamba, province of Laguna, 
Luzon, P. L, pursuant to paragraph 4, Special Orders, No. 213, Headquarters Depart- 
ment of Southern Luzon, November 14, 1900, and of which Maj. George G. Greenough, 
Seventh United States Artillery, was president, and First Lieut. Guy H. B. Smith, 
Fourth United States Infantry, was judge-advocate, were arraigned and tried: 

Eugenio Hervosa, Perfecto Alviar, Segundo Alnasan, Serapio Alviar, Augustin 
Herbosa, Ysidoro Enicela, alias "Munti," Isidro Aligpala, Jose Reyes, and Tedoro 
Lacerna, alias ' ' Caliua, ' ' natives. 

CiiARCiE. — "Murder." 

Specification 1. — "In that Eugenio Hervosa, Perfector Alviar Segundo Alnasan, 
Serapio Alviar, Agustin Herbosa, Ysidoro Enicela, alias 'Munti,' Isidro Aligpala, 
Jose Reyes, and Teodoro Lacerna alias, 'Caliua,' natives, residents of Luzon, P. I., 
together with other natives whose names are unknown, did conspire, agree, and bind 
together to kill and murder one Honorato Quisumbing, a native and resident of Los 
Ban OS, P. I., and did, pursuant to such conspiracy, agreement, and banding together, 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 131 

lay in .wait in ambush for the said Honorato Quisiimbing, and did, pursuant to said 
conspiracy, agreement, and banding together, make an assault upon the said Honorato 
Quisumbing with clubs, knives, bolos,"and daggers, and did then and there wilfully, 
feloniously, and with malice aforethought kill and murder the said Honorato Quis- 
umbing by striking, cutting, and stabbing the said Honorato Quisumbing with the 
said clubs, knives, bolos, and daggers held in the hands of the said Eugenio Hervosa, 
PerfectoAlviar, Segundo, Alnasan, Serapio Alviar, Augustin Herbosa, YsidoroEnicela, 
alias 'Munti,' Isidro Aligpala, Jose Reyes, and Teodoro Lucerna, alias 'Caliua,' 
natives, etc., then and there and thereby inflicting various mortal wounds upon the 
head and other parts of the body of the said Honorato Quisumbing, whereof he, the 
said Quisumbing, then and there died. This on or about August 28, 1900, then, as 
now, a time of insurrection, at or near Calamba, Laguna Province, Luzon, P. L, a 
place then, as now, under the military government of the United States." 

Specification 2. — "In that Eugenio Herv^osa, Perfecto Alviar, Segundo Alnasan„ 
Serapio Alviar, Agustin Herbosa, Ysidoro Enicela, alias 'Munti," Isidro Aligpala^, 
Jose Reyes, and Teodoro Lacerna, alias 'Caliua' natives, residents of Luzon, P. I.^ 
armed with deadly weapons, to wit, clubs, knives, bolos, and daggers, and acting 
in concert, and pursuant to a common intent, to wit, the killing and murdering:' 
of one Honorato Quisumbing, a native and resident of Los Banos, P. I., did wilfully^ 
feloniously, and with malice aforethought assault and kill and murder the said 
Honorato Quisumbing, native, by striking, cutting, and stabbing him, the said Hono- 
rato Quisumbing, native, upon the head and various other parts of the body with the 
aforesaid deadly weapons, then and there and thereby inflicting upon him, the said 
Honorato Quisumbing, various wounds, whereof he, the said Honorato Quisumbing, 
then and there within a few hours died, they the said JEugenio Hervosa, PerfectoAlviar, 
Segunda Alnasan, Serapio Alviar, Agustin Herbosa, Ysidoro Enicela, alias 'Munti,' 
Isidro Aligpala, Jos4 Reyes, and Teodoro Lacerna, alias ' Caliua, natives, etc. , being 
then and there present, assisting, aiding, abetting, and cooperating in said killing 
and murdering of the said Honorato Quisumbing, This on or about the 28th day of 
August, 1900, then, as now, a time of insurrection, at or near Calamba, Laguna 
Province, Luzon, P. I., a place then, as now, under the military government of the 
United States." 

Pleas.— "Not guilty." 

Findings. — "Guilty." 

Sentence. — And the commission does therefore sentence them, Eugenio Hervosa, 
Perfecto Alviar, Segundo Alnasan, Serapio Alviar, Agustin Herbosa, Ysidoro 
Enicela, alias "Munti," Isidro Aligpala, Jose, Reyes, and Teodoro Lacerna, alias 
"Caliua," natives, each and severally, "to be hanged by the neck until they are 
dead, at such time and place as the reviewing authority may direct, two-thirds of 
the members of the commission concurring therein." 

In the foregoing case of Eugenio Hervosa, Perfecto Alviar, Segundo Alnasan, 
Serapio Alviar, Agustin Herbosa, Ysidoro Enicela, alias "Munti," Isidro AHgpala, 
Jose Reyes, and Teodora Lacerna, alias " Caliua," natives, who were jointly tried, it 
conclusively appears of record that the decedent was a Visayan doing business as a 
merchant at Santa Cruz and Los Banos; that he was formerly loyal to the Spanish 
Government and transferred his loyalty, active assistance, and cordial good will to the 
succeeding Government of the United States; that he never joined, but opposed, the 
insurrection, and while aiding the United States in all legitimate ways to suppress 
the same, he yet never descended to the part of a spy or to any means of action con- 
trary to the laws of war. Because of his friendship for, and willingness to aid, the 
forces of the L'nited States, he was made a marked man, and the order went forth 
from the insurgent chiefs that he should be secured, dead or alive; and, as the sequel 
shows, a money reward was offered for his life. It further appears that these accused 
resided in a barrio of Calamba and were reputed to be a band of " Mandoducats," 
whose chief oflice was to kidnap and secretly cause to disappear, beyond all means of 
their friends to ascertain whether they were living or dead, such men as were reputed 
to be friends of the Americans or were obnoxious to the insurgent autliorities. 
Among those who mysteriously disappeared was the deceased, and his fate remained 
a mystery until, by diligent inquiries, suspicion rested upon these accused, who were 
then arrested and each confessed his part in the crime. From these confessions, 
separately made, without knowledge of what his fellow had disclosed, and the testi- 
mony of four eye-witnesses to many details of the manner in which the crime was 
committed, it appears, ^vith corroborative unity of relation, that these accused lay in 
ambush for the deceased, beside a narrow' and diflicult part of the roadway, when he 
was passing through the barrio where they habitually live, suddenly set upon him, 
dragged him from his caHsa, gave him stabbing wounds in the side and thigh, hur- 
ried him to a banca, and conveyed him by water to the pueblo of Bay, where they 



132 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

delivered his body, with life practically extinct, to a party of insurrectos waiting for 
it. A few of their number then returned to Calamba, while others accompanied the 
decedent's head, which was then severed from his body, to the camp of the insurgent 
General Cailles in the mountains, where they each received and accepted a sum of 
money — twenty pesos to some, more to the instigators and leaders. 

The sentence, approved by the department commander, is confirmed, and in the 
cases of Eugenio Hervosa, Perfecto Alviar, Segundo Alnasan, Isidro Aligpala, and 
Teodoro Lacerna, alias "Caliua," will be duly executed at the pueblo of Calamba, in 
the province of Laguna, Luzon, P. I., on the (5th) fifth day of April, A. D. 1901, 
under the direction of the commanding general, Department of Southern Luzon. 

The sentence is commuted in the case of Jose Eeyes to confinement at hard labor for 
the period of his natural life, and in the cases of Serapio Alviar, Agustin Herbosa, 
.and Ysidoro Enicela, alias "Munti," the sentence is, in each case, commuted to con- 
finement at hard labor for the period of twenty (20) years. As mitigated, the sen- 
tence in the cases of Jose Reyes, Serapio Alviar, Agustin Herbosa, and Ysidoro Enicela, 
ahas "Munti," will be duly executed at the presidio de Manila, to which place these 
soners will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General., U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. L, March 23, 1901. 
General Orders, No. 57. 

Before a military commission which convened at San Fernando, province of Pam- 
panga, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 230, Headquarters 
Department of Northern Luzon, December 19, 1900, and of which Lieutenant-Colonel 
Greenleaf A. Goodale, 3d U. S. Infantry, was president, and Capt. William R. 
Sample, adjutant, 3d U. S. Infantry, was judge-advocate, was arraigned and tried 
Isabello del Rosario, native. 

Charge I. — "Murder." 

Specification. — "In that Isabello del Rosario, styling himself a captain of insur- 
gents in the force of one J. Alejandrino, a notorious outlaw, did svillfuUy, feloniously, 
and with malice aforethought murder and kill Leoncio Torres, a peaceable native of 
Porac, province of Pampanga, island of Luzon, by procuring and causing said Torres 
to be buried alive, in his presence, by men acting under his orders. This in the 
month of April, 1900, at barrio San Rafael, Mexico, province of Pampanga, island 
of Luzon, a district then, as now, in insurrection against the United States." 

Charge II. — "Rape." 

Specification. — In that Isabello del Rosario, styling himself a captain of insur- 
gents in the force of one J. Alejandrino, a notorious outlaw, did criminally and bru- 
tally assault Maria Mallari, a respectable native woman, residing in barrio Maimpis, 
San Fernando, province of Pampanga, and by force and violence, and against her 
will, did ravish and carnally know the said Maria Mallari. This on or about June 1, 
1900, in barrio Maimpis, San Fernando, province of Pampanga, island of Luzon, a 
district then, as now, in insurrection against the United States." 

Charge HI. — "Violation of the laws of war." 

Specification 1. — "In that Isabello del Rosario, styling himself a captain of insur- 
gents in the force of one J. Alejandrino, a notorious outlaw, did ill treat and threaten 
to kill Florentino Pamintuan, a wealthy native of San Fernando, Pampanga, who had 
been kidnaped, and who was illegally held as a prisoner by said Isabello del Rosa- 
rio and his companions, and did by threats assist in extorting from said Pamintuan 
the sum of nine thousand (9,000) dollars, Mexican currency, as a ransom. This 
between May 19 and June 3, 1900, in the province of Pampanga, island of Luzon, a 
district then, as now, in insurrection against the United States." 

Specification 2. — "In that Isabello del Rosario, styling himself a captain of insur- 
gents in the force of one J. Alejandrino, a notorious outlaw, did, in ordinary native 
costume, enter the town ot San Fernando, Pampanga, occupied by the American 
forces, and did there act as a secret financial agent of the insurgent government. This 
on or about June 20, 1900, in San Fernando, Pampanga, island of Luzon, a district 
then, as now, in insurrection against the United States." 

Specification 3. — "In that Isabello del Rosario, styling himself a captain of insur- 
gents in the force of one J. Alejandrino, a notorious outlaw, did command a band of 
armed men, the members of which, including said del Rosario, did wear no uniform; 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 133 

but did, under pretext of being insurgent soldiers, commit hostile acts against the 
United States, and did terrorize, molest, and commit acts of violence against peace- 
able inhabitants intermittently returning to their houses and ordinary occupations. 
This between January 1, 1900, and June 25, 1900, in the province of Pampanga, 
island of Luzon, a district then, as now, in insurrection against the United States." 

Plea. — To the specification, first charge, "not guiltj^;" to the first charge, "not 
guilty ; " to the specification, second charge, ' ' not guilty; ' ' to the second charge, ' ' not 
guilty;" to the first specification, third charge, "not guilty;" to the second specifi- 
cation, third charge, "not guilty;" to the third specification, third charge, "guilty, 
except the words ' commit hostile acts against the United States, and did terrorize, 
molest, and commit acts of violence against peaceable inhabitants, intermittently 
returning to their houses and ordinary occupations' and of the excepted words, not 
guilty;" to the third charge, "not guilty." 

Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" 
of the specification, second charge, "guilty;" of the second charge, "guilty;" of the 
first specification, third charge, "guilty;" of the second specification, third charge, 
"not guilty;" of the third specification, third charge, "guilty;" of the third charge, 
"guilty." 

Sentence, — And the commission does therefore sentence him, Isabello del Rosario, 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case of Isabello del Rosario, native, it appears that the accused, 
while exercising his authority as chief of a band of so-called insurgents, summarily 
condemned to death by burial alive one Leoncio Torres. His reasons therefor were 
that decedent was reported to be a horse thief and that two women informed him 
that he had made inquiries of them regarding the location of the insurgent forces, 
from which it was inferred he was an American secret-service man. 

Many eyewitnesses testify to the horrible details by which a strong man in unabated 
vigor of life was under the orders and in the personal presence of the accused, with 
fiendish cruelty, suffocated by the mass of earth heaped upon his prostrate body, in 
the grave especially prepared for the purpose. 

Upon the stand the accused admitted there was no form of trial of his victim; 
admitted the resistance and protests of the young girl he is charged with carnally 
knowing, and practically admitted his part in extorting nine thousand pesos from 
Florentino Pamintuan. He, however, opposes his bare denial to giving the order to 
kill Torres and his presence at the newly-dug grave when decedent was buried alive, 
and claimed his subordinate, Eusebio Rojas, did all this unknown to him, and denied 
also that he persisted to the actual consummation of the rape of the maid. That, 
however, he did issue the order for and witness the burial alive of the deceased, and 
that with the aid of two of his soldiers he did consummate the rape there is no doubt. 

The inspiration to commit these crimes is convincingly shown by the following 
general order, which appears of record, issued by the insurgent general commanding 
in Central Luzon, and under whose orders the accused was serving: 

' * General Order of the Center of Luzon. 

"In accordance with my general order of last June, in which all were declared 
traitors who favored or accepted office of the pretended American civil government, 
and taking into account also that in order to be an elector or officeholder, there is 
required beforehand an oath of allegiance and recognition of the American sover- 
eignty, by which those who have taken such oath become by act and right American 
subjects, and taking into account that the laws of war authorize the confiscation of 
the property of traitors, and with the precedent that the American army of occupa- 
tion has seized for its needs property of Filipino subjects, even when the latter had 
not taken arms against the same; in virtue of the authority conferred upon me, I 
hereby command: 1st — All who perform official duties or who have materially con- 
tributed to the establishment of the preteiided American civil government in the 
territory within my connnand, if caught, will be punished from a fine not less than 
one hundred dollars up to the death penalty, by the most summary trial in accord- 
ancewith the circumstances, and if committed by educated people the guilt will be 
considered increased. 2d — The property of persons comprised in article 1 will be 
confiscated for the needs of the Filipino army. 3d — Article 2(1 will not be enforced 
in the case of persons who, after a full investigation, may be, in the opinion of the 
political nfilitary governor, capable of being reinstated in their rights by paynient of 
a i)roper fine and by resigning the office, when the person in question holds office, 
"ith — The order of seizure of property will be valid even in the case of a sale of the 



134 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

property mentioned in article 2, the new owners being subject to the same provision. 
5th — The political military governor will authorize the chief of columns to make 
the seizures for the needs of the columns. 6th — "When, through lack of forces or 
through the exigencies of the campaign, it is not possible to occupy the entire pro- 
vince with guerrillas doing police duty, those points where there is property of the 
persons mentioned in article 1, will be preferably abandoned. 7th — The "political 
military governor will report to this general office the amounts collected for fines, 
and the property ordered seized, being careful not to cause seizures from those loyal 
to the cause, and requiring a strict account from the officers authorized to execute 
them. The political military governors are responsible for the execution of this 
order. 

''Centre of Luzon, September, 1900. 

''The Comandante General. 

"J. Alejandeino." 

"Note. — Received in the office of this column a manuscript copy of this General 
Order, signed and sealed by the comandante general of the Centre of Luzon, Senor 
Jose Alejandrino." 

"Camp of San Emilio, October 1, 1900. 

(Signed) "Ramon Blardoni, 

Major, General Staff, Chief of Column.'' 

Seal, which says "Army of the Filipino Republic, Blardoni Column." 
The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Mexico, province of Pampanga, Luzon, P. I., on the 
5th day of April, A. I). 1901, under direction of the commanding general, Depart- 
ment of Northern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Baery, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., Marches, 1901. 
General Orders, No. 58. 

Before a military commission which convened at Sorsogon, province of Sorsogon, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 203, Headquarters Depart- 
ment of Southern Luzon, November 4, 1900, and of which Major Kelley Anderson, 
47th Infantry, U. S. Volunteers, was president, and Captain John G. Livingston, 
adjutant, 47th Infantry, TJ. S. Volunteers, was judge-advocate, was arraigned and 
tried: Mariano Flores, native. 

Charge I. — "Robbery." 

Specification 1. — "In that Mariano Flores, native, on or about April 23, 1900, a time 
of insurrection, then, as now, against the lawful authority of the United States, in 
the pueblo of Irocin, province of Sorsogon, Island of Luzon, P. I., a place then, as 
now, in the theater of active military operatioiis, in company of and consorting with 
a band of armed outlaws to the number of seventy-five, more or less, commanded 
and led by the said Flores, did feloniously and forcibly take from the presence of 
Jao Pong Co, Chinaman, a quantity of clothing and money, value not known, the 
property of said Jao Pong Co. This at the pueblo of Irocin, province of Sorsogon, in 
the Island of Luzon, P. I., on or about April 23, 1900." 

Specification 2. — "In that he, Mariano Flores, native, on or about April 23, 1900, a 
time of insurrection then, as now", against the lawful authority of the United States, 
in the pueblo of Irocin, provmce of Sorsogon, Island of Luzon, P. L, a place then, 
as now, in the theater of active military operations, in company of and consorting 
with a band of armed outlaws, to the number of seventy-five, more or less, com- 
manded and led by the said Flores, did feloniously and forcibly take from the 
presence of Jao Tog Co, Chinaman, a quantity of clothing and money, value not 
known, the property of thie said Jao Tog Co. This at the pueblo of Irocin, province 
of Sorsogon, Island of Luzon, P. I., on or about April 23, 1900." 

Specification. 3. — "In that he, Mariano Flores, native, on or about April 23, 1900, 
a time of insurrection then, as now, against the lawful authority of the United 
States, in the pueblo of Irocin, province of Sorsogon, Island of Luzon, P. I., a place 
then, as now, in the theater of active military operations, in company of and con- 
sorting with a band of armed outlaws, to the number of seventy-five, more or less, 
commanded and led by the said Flores, did feloniously and forcibly take from the 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 135 

presence of lyo Choo Co, Chinaman, a quantity of clothing and money, value not 
known, the property of the said lyo Choo Co. This at the pueblo of Irocin, province 
of Sorsogon, Island of Luzon, P. L, on or about April 23, 1900." 

Chaege II.— ''Murder." 

Specification.— '^ In that he, Mariano Flores, native, on or about April 23, 1900, a 
time of insurrection then, as now, against the lawful authority of the United States, 
in the pueblo of Irocin, province of Sorsogon, Island of Luzon, P. I., a place then, 
as now, in the theater of military operations, in company of and consorting with a 
band of armed outlaws, to the number of seventy-five, more or less, commanded and 
led by the said Mariano Flores, he, Mariano Flores being present, aiding and abet- 
ting, did feloniously, and with malice aforethought, kill and murder certain persons. 
Chinamen, to-wit. Tan Yen, Tan Kong, lu Chah, For Hong, and Sin Hoy, by stabbing 
them and cutting them, the said Chinamen, with bolos held in the hands of members 
of said band, names unknown, inflicting wounds therewith whereof the said Tan 
Yen, Tan Kong, lu Chah, For Hong, and Sin Hoy did each of them, then and there, 
die. This at the pueblo of Irocin, province of Sorsogon, Island of Luzon, P. I., on 
or about April 23, 1900." 

Chaege III. — " Guerrilla warfare, in violation of the Laws of War." 

Specification. — "In that he, Mariano Flores, native, at various times during the 
months of March, April, May, June, July, August, September, and October, 1900, 
then, as now, a time of insurrection against the lawful authority of the United States, 
at his camp near Bulusan, province of Sorsogon, Island of Luzon, P. I., a place then, 
as now, in the theater of active military operations, in company of and consort- 
ing with and commanding a band of armed outlaws, to the number of seventy-five, 
more or less, armed with rifles and bolos, did send out sporadic expeditions of ununi- 
formed and armed outlaws in and about the suburbs and vicinity of the pueblo of 
Irocin, province of Sorsogon, island of Luzon, P. I. , whereby Tan Yen, Tan Kong, 
lu Chah, For Hong, and Sin Hoy were put to death, and many people, including 
Jao Pong, Jao Tog Co, lyo Choo Co, Prudensio Galapia, Pedro de la Vega Narega, 
and several others, all living in the pueblo of Irocin, province of Sorsogon, Island of 
Luzon, P. I., were feloniously, forcibly, and against their wills, taken prisoners to 
said camp and there held as such for one month, more or less. This at Bulusan, 
province of Sorsogon, Island of Luzon, P. I., during the months of March, April, 
May, June, July, August, September, and October, 1900." 

Chaege IV. — " Assault with intent to kill." 

Specification. — "In that he, Mariano Flores, native, on or about April 23, 1900, 
then, as now, a time of insurrection, at the pueblo of Irocin, province of Sorsogon, 
Island of Luzon, P. I., a place then, as now, in the theater of active military opera- 
tions, in company of and consorting with a band of outlaws, commanded and led 
by the said Mariano Flores, did make a violent assault upon one Jao Pong Co, a Chi- 
naman, and resident of the said pueblo of Irocin, by then and there striking and 
cutting said Jao Pong Co with a knife, held in the hands of parties, members of said 
band, names unknown, and then and there inflicting upon the said Jao Pong Co 
divers cuts and wounds, with intent then and there, feloniously, willfully, and with 
malice aforethought, to kill said Jao Pong Co, and that from such divers cuts and 
wounds, the said Jao Pong Co lost his left arm and left eye, he, the said . Mariano 
Flores, being present, aiding, abetting, and encouraging these acts. This at the 
pueblo of Irocin, province of Sorsogon, Island of Luzon, P. I., on or about April 
23, 1900." 

Plea.— "Not guilty." 

Finding. — Of the first specification, first charge, "guilty;" of the second specifica- 
tion, first charge, "guilty;" of the third specification, first charge, "guilty;" of the 
first charge, "guilty;" of the specification, second charge, "guilty, except as to the 
name ' For Hong, ' substituting the name ' Jao Jung Co ' and of the excepted words 
not guilty and of the substituted words guilty;" of the second charge, "guilty;" of 
the specification, third charge, "guilty;" of the third charge, "guilty;" of the 
specification, fourth charge, "guilty;" of the fourth charge, guilty." 

Sentence. — And the commission does therefore sentence him, Mariano Flores, 
native, " To be hanged by the neck until dead, at such time and place as the review- 
ing authority may designate, two-thirds of the commission concurring therein." 

In the foregoing case it appears that the accused, Mariano Flores, native, in com- 
mand of over sixty men, armed with bolos, daggers, and rifies, made a piratical raid 
upon the pueblo of Irocin, province of Sorsogon, Island of Luzon, with no higher 
motive than the robbery of peaceful Chinese merchants; that they were in sufficient 
force to accomplish this crime without necessity of destruction of life; that no oppo- 
sition met them on the part of the victims, yet, nevertheless, they, from pure wan- 
tonness, hacked to death three inoffensive Chinamen, assaulted another so murderously 



136 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 

as to cause him to lose his left eye and left arm, and carried off to hold for ransom 
three Chinamen, one native, and one Spaniard; and did, in fact, extort from at least 
three of them heavy ransoms, under threats of death. 

The accused was in command of the band and personally ordered the consumma- 
tion of these crimes in his presence, being armed himself with a knife and a revolver, 
and personally received payment of the ransom of one prisoner. 

The evidence of his six living victims is positive, direct, and corroborative as to 
every detail in the commission of these crimes; and against their unimpeached and 
convincing testimony the accused merely opposed his unsupported statement that he 
knew nothing of what happened because he was in charge of the insurgent prison in 
Bulusan "all the time." There is a failure of proof of the killing of Tan Yen and 
Tan Kong; and the finding of the commission in so far as it relates to the guilt of the 
accused for taking the lives of these men is disapproved. 

The crimes of which the accused stands convicted, beyond a reasonable doubt, are 
of such moral turpitude that they leave no grounds for the exercise of clemency. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Sorsogon, province of Sorsogon, Luzon, P. I., on the 
twenty-sixth (26th) day of April, A. D. 1901, under the direction of the commanding 
general. Department of Southern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Bakry, 
Brigadier- General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., March 27, 1901. 
General Orders, Xo. 59. 

Before a military commission which convened at Iloilo, Panay, P. L, pursuant to 
Paragraph II, Special Orders, No. 2, Headquarters Department of the Yisayas, Janu- 
ary 3, 1901, and of which Lieut. Col. Charles J. Crane, Thirty-eighth Infantry Y. S, 
Volunteers, was president, and Capt. Edwin F. Glenn, Twenty-fifth L^. S. Infantry, 
was judge-advocate, were arraigned and tried: 

I. Glecerio Yillandres, Jacinto Gabona, and Yictoriano Lastamoso, and Damaso 
Javelina, natives. 

Charge. — "Murder." 

Specification. — "In that on or about the 14th day of December, A. D. 1900, then, 
as now, a time of insurrection against the United States at the pueblo of Jaro, prov- 
ince of Iloilo, island of Panay, of the Philippine Islands, a place then, as now, a part 
of the territory of the United States and under its military government, Glecerio 
Yillandres, Jacinto Gabona, Yictoriano Lastamoso, natives, did feloniously, willfully, 
and with malice aforethought kill and murder one Juan Crisostomo Benedicto by 
then and there cutting and stabbing the said Juan Crisostomo Benedicto with bolos 
held in the hands of the said Glecerio Yillandres, Jacinto Gabona, and Yictoriano 
Lastamoso, then and there inflicting various and divers wounds upon the head and 
body of the said Juan Crisostomo Benedicto, one of which said wounds so inflicted 
as aforesaid, to wit, on the back part of the head of the said Juan Crisostomo Bene- 
dicto, was mortal, and from which said wounds so inflicted as aforesaid the said Juan 
Crisostomo Benedicto then and there died; and the said Damaso Javelina, before 
committing the said felony and murder in manner and form as aforesaid, to wit, on 
or about the 8th day of December, A. D. 1900, did maliciously, feloniously, and with 
malice aforethought incite, move, procure, counsel, hire, and command the said 
Glecerio Yillandres, Jacinto Gabona, and Yictoriano Lastamoso to kill and murder 
the said Juan Crisostomo Benedicto in manner and form as aforesaid." 

Pleas.— "Xot guilt V." 

Findings.— "Guilty." 

Sentence. — And the commission does therefore sentence them, Glecerio Yillandres, 
Jacinto Gabona, Yictoriano Lastamoso, and Damaso Javelina, and each of them, "To 
be hanged by the neck until dead, at such time and place as the reviewing authority 
may direct, two-thirds of the commission concurring in the death sentence imposed." 

In the foregoing case of Glecerio Yillandres, Jacinto Gabona, Yictoriano Lasta- 
moso, and Damaso Javelina, natives, the department commander, in approving the 
sentence, remarked as follows: 

"From the record in this case it appears that Juan Crisostomo Benedicto, an unof- 
fending, law-abiding citizen of the pueblo of Jaro, had left his home for the purpose 
of calling on some friends in the pueblo; that when he returned to his house and 
gave the usual alarm at the front door, this alarm was answered by his servant, Gle- 



CHAEGE5 OF CRUELTY, ETC.. TO FILIPIXOS. 137 

cerio Villandres, who took the bicycle from his master's hand; who, following him 
inside of the house, was immediately assaulted by Jacinto Gfabona and Victoriano 
Lastamoso with bolos, and that as soon as Glecerio Villandres could dispose of his 
bicycle he immediately joined in the attack upon his employer with a bolo that he 
had taken from the kitchen table, and the three of them then and there assassinated 
the deceased upon the threshold of his own house, the fatal blow having been given 
by his own "muchacho;' and that all of these, before assaulting him, were or had 
been employed by the deceased or members of his household. 

"It appears that the money, watch, and other jewelry upon the person of the 
deceased was left intact, and further that there was no reason for any animus in the 
breasts of any of these assassins for the killing of the deceased. It does appear, how- 
ever, that the fourth accused, Damaso Javelina, was a member of an association 
known as 'Ducots,' and turther that the object of this society was to assassinate cer- 
tain persons designated by it who consciously or unconsciously became the subject 
of their edicts, and that previous to the assassination of the deceased, at a meeting of 
this society in the pueblo of Jaro, which meeting was attended by the chief of this 
society and by the accused, Damaso Javelina, it was decided that the deceased should 
be killed, and that thereafter this chief sent and caused to be delivered to Damaso 
Javelina, twenty dollars (820) in Mexican money, and also a pistol loaded with five 
cartridges. That before the assassination twenty dollars (820) in Mexican currency 
was actually turned over by this Damaso Javelina to the other three accused who 
actually assassinated the deceased." 

The society of ' ' Ducots ' ' to which the accused Damaso Javelina belonged is known 
in other localities as "Mandoducats,*' and organized to kill so-called "American 
spies," extends to the assassination of all natives friendly to the Americans. Deciding 
the deceased to be one of these, his death was formally determined upon. Damaso 
Javelina was chosen as the agent to undertake his assassination and he corrupted, 
procured and hired the domestic servants of deceased to consummate the deed. 

A more treacherous crime it would be difficult to conceive. The instruments 
employed were those holding positions of confidence within the home circle of the 
victim, who was under the protection of and in the near presence of the American 
troops and hence oblivious to any apprehensions of danger. The audacity and base 
nature that actuated these accused brand them as the lowest order of criminals — those 
who kill for hire, and in this instance for so small a sum each that an honest man 
might win it with a day's toil. 

"With such men the laws of civilization can have no compromise; to all kinds and 
classes of banditti the warning is given that all persons who, like the accused, 
take human life for hire, the laws designed to secure life and property and to main- 
tain justice between man and man, now in force in these islands require that the price 
they receive for their bloody trade shall be the price by which they also under the 
law forfeit their own lives. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Jaro, province of Iloilo, Panay, P. I., on the thirty- 
first (31st) day of May, A. D. 1901, under the direction of the commanding general, 
Department of the Visayas. 

II. Emiliano Glovera, a native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that on or about the 14th day of December, A. D. 1900, then, 
as now, a time of insurrection against the United States at the pueblo of Jaro, Prov- 
ince of Iloilo, Island of Panay, of the Philippine Islands, a place then, as now, a part 
of the territory of the United States and under its military government, one Emiliano 
Glovera. in company of Glecerio Villandres, Jacinto Gabona, and Victoriano Lasta- 
moso, natives, did feloniously, willfully and with malice aforethought, kill and murder 
one Juan Crisostomo Benedictc by then and there cutting and stabbing the said Juan 
Crisostomo Benedicto with bolos held in the hands of the aforesaid natives, then and 
there inflicting various and divers wounds upon the head and bodv of the said Juan 
Crisostomo Benedicto, one of which said wounds so inflicted as aforesaid, to-wit: on 
the back part of the head of the said Juan Crisostomo Benedicto was mortal and 
from which said wound so inflicted as aforesaid, the said Juan Crisostomo Benedicto 
then and there died. 

Plea.— "Guiltv." 

Finding.— " Guilty." 

Sentence. — And the commission does therefore sentence him, Emiliano Crlovera, 
native, "To be confined at hard labor, at such place as the reviewing authoritv mav 
direct, for the period of twenty (20) years." 

In the foregoing case it appears that the accused, Emiliano Glovera, a native, 
pleaded guilty to the charge and specification, and sentence was passed upon him 



138 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

without any evidence being taken to ascertain the degree of his culpability or guilt. 
This was error, and would have been sufficient to vitiate the proceedings did it not 
appear that all of the facts and circumstances connected with the crime were offi- 
cially known to the commission through the trial, before it, of other perpetrators of 
the same offense. This being true, no substantial right of the accused was affected 
by the error and it stands as a technical defect only, a defect, however, which should 
be studiously avoided. From the preliminary statements of the case by the judge- 
advocate, apparently assented to by counsel for the defense, it appears that the 
accused had been notified of the place that had been agreed upon for the assassina- 
tion of Juan Crisostomo Benedicto and that he acted in conformity therewith b)^ secret- 
ing himself in the house of deceased at the hour agreed upon by his associates in 
crime and that he was actually present at the consummation thereof. He, however, 
was less active than were the other participants and he has testified openly and 
frankly as to his and their part in the consummation of the crime. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, V. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, March 27, 1901. 
General Orders, No. 60. 

Before a military commission which convened at Iloilo, island of Panay, P. I., 
pursuant to Paragraph 11, Special Orders, No. 2, headquarters. Department of the 
Visayas, January 3, 1901, and of which Lieutenant Colonel Charles J. Crane, 38th 
Infantry, U. S. Volunteers, was president, and Captain Edwin F. Glenn, 25th U. S. 
Infanty, w'as judge-advocate, was arraigned and tried: Fortunato Pillores, a native. 

Charge. — ' ' Murder. ' ' 

Specification. — " In that on or about the 17th day of July, A. D. 1900, then, as now, 
a time of insurrection, at or near the barrio of Pansanga-an, in the province of Iloilo, 
Island of Panay, Philippine Islands, a place then, as now^ a part of the territory of 
the United States and under its military government, one Fortunato Pillores, a native, 
in company of and consorting with a band of armed outlaws, to the number of five 
(5) , more or less, did feloniously, willfully and with malice aforethought, murder and 
kill one Eoberto Omiano by then and there shooting the said Eoberto Omiano with 
rifles held in the hands of the said Fortunato Pillores and members of said band, and 
which said rifles were loaded with powder and balls, then and there inflicting upon 
the said Eoberto Omiano a mortal wound, from which said wound he, the said 
Eoberto Omiano, then and there died." 

Plea.— " Not guiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Fortunato Pillores, 
"To be hanged by the neck until he is dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring in the sentence of 
death imposed." 

In the foregoing case of Fortunato Pillores, it appears that the accused was a 
member of an armed band of outlaws, which, on the 17th day of July, 1900, entered 
the barrio of Pansanga-an, invaded the house of one Felis Gavara, where they 
demanded money and caralDao. Failing to get these, they beat him brutally with 
their guns and proceeded to the house of deceased, whom they shot to death on his 
raising an alarm. 

Ignoring the evidence introduced with respect to a confession made by the accused 
prior to his trial and which confession was, evidently, not voluntary and therefore 
of no legal value, and giving weight onl}'^ to the evidence of eye witnesses and of 
those in the vicinity of the crime, there remains no reasonable doubt of the guilt of 
the accused in the manner and form as charged. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor during the period of his natural life; and, as 
thus commuted, will be duly executed at the Presidio de Manila, to which place the 
prisoner will be sent under proper guard. 

By command of Major General MacArthur. 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 139 

Headquarters Division of the Philippines, 

Manila, P. I., March ^7, 1901. 

General Orders, No. 61. 

Before a military commission which convened at Lingayen, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 234, Headquarters 
Department of Northern Luzon, December 23, 1900, and of which Maj. Charles L. 
Hodges, Seventeenth U. S. Infantry, was president, and Second Lieut. John K. 
Thomas, jr.. Seventeenth U. S. Infantry, was judge-advocate, was arraigned and 
tried Matias Alipio, native. 

Charge — " Murder. ' ' 

Specification. — " In that he, Matias Alipio, native, resident of the province of Pan- 
gasinan, island of Luzon, P. I., on or about December 10, 1899, then, as now, a time 
of insurrection, at or near the barrio of Mapandel, pueblo of Mangatarem, province 
and island aforesaid, a place then, as now, in the theater of active military opera- 
tions of the armed forces of the United States, did willfully, feloniously, and with 
malice aforethought kill and murder two American soldiers, names unknown, who 
were held at that time as prisoners by the armed forces of the insurgents, by cutting 
them, the said American soldiers, with deadly weapons, commonly called 'bolos,' 
therewith inflicting wounds whereof the said two Americans, soldiers, then and there 
died. This at the time and place above specified." 

Plea. — " Guilty, because I was ordered to do it." 

Finding.— "Guilty." 

Sentence. — "And the commission does therefore sentence him, Matias Alipio, 'to 
be hung by the neck until he is dead, at such place and time as the reviewing author- 
ity may direct, ' two-thirds of the members concurring therein. ' ' 

In the foregoing case it appears that the accused pleaded "Guilty, because I was 
ordered to do it," which qualified plea the commission accepted. This was error. 
Although the fact that the accused was ordered to commit a crime does not necessa- 
rily exculpate him, certain forms of duress, the character of compulsion which may 
have heen exercised over him, might tend to mitigation of his offense. Testimony 
on behalf of the defense, however, was heard, and the error of accepting his plea and 
failure to hear proof of the prosecution was. to an extent, cured. It can not be said 
that a substantial right of the accused has been prejudicially affected. 

Meager details offered for review can never be satisfactory to the reviewing author- 
ity, and in this instance has moved the department commander, in approving the 
sentence, to recommend a commutation thereof. 

The sentence is confirmed, but is commuted to imprisonment at hard labor for the 
term of his natural life. As thus commuted, the sentence will be duly executed at 
the Presidio de Manila, to which place the prisoner will be sent under proper guard. 

By command of Major General Mac Arthur. 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines. 

Manila, P. I., March 29, 1901. 
General Orders, No. 62. 

Before a military commission which convened at Binalonan, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 220, Headquarters 
Department of Northern Luzon, December 8, 1900, and of which INIajor Joseph "W. 
Duncan, 13th IT. S. Infantry, was president and 1st Lieutenant Harvey W. Miller, 
13th U. S. Infantry, was judge-advocate, were arraigned and tried Marcelo Alfonso, 
Vicente Magpale, and Faustino Mago, natives. 

Charge I. — "Assault and battery with intent to kill." 

Specification. — "In that Marcelo Alfonso, Vicente Magpale, and Faustino Mago, 
natives, and each of them, in company of and consorting with armed outlaws to the 
number of thirty, more or less, did, in time of insurrection, enter the barrio of 
Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, 
in the theater of military operations, and did unlawfully and feloniously seize and 
conduct therefrom, with intent to kill, Roman Docosin, Maximino Tabaldo, Severiiio 
Prado, Maximo Sabarboro, and Dolores Dingli, natives, lawfully residing in said 
barrio." "This at the place specified at about 10 o'clock p. m., Februarv 17, 1900." 

Charge II.—' ' Murder. ' ' 

Specification 1. — "In that they, Marcelo Alfonso, Vicente, Magpale, and Faustino 
Mago, natives, and each of them, in company of and consorting with armed outlaws, 
to the number of thirty, more or less, did willfully, feloniously, and with malice 



140 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

aforethought murder and kill Roman Docosin, Maximino Tabaldo, Severino Prado 
and Maximo Sabarboro, by shooting them, the said Docosin, Tabaldo, Prado, and 
Sabarboro with guns, and stabbing them, the said Docosin, Tabaldo, Prado, and 
Sabarboro, with bolos held in the hands of the said Alfonso, ]Magpale, and Mago, and 
of the said outlaws, inflicting wounds therewith whereof they, the said Docosin, 
Tabaldo, Prado, and Sabarboro then and there died." 

"This in time of insurrection, on or about February 17, 1900, at or near the barrio 
of Xamipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as 
now, in the theater of military operations." 

Specification 2. — "In that Marcelo Alfonso, Vicente Magpale, and Faustino Mago, 
natives, and each of them, in company of and consorting with armed outlaws, to the 
number of seventy, more or less, did willfully, feloniously, and with malice afore- 
thought murder and kill Cirapion Altre, Leonardo Victoria, Mariano Catama, 
Augustine Opine, Gregorio Rivera, and Gervacio Ancheta, by cutting them with 
bolos held in the hands of said Alfonso, Magpale, and Mago, and the said outlaws, 
inflicting wounds therewith whereof the said Altre, Victoria, Catama, Opino, Rivera, 
and Ancheta then and there died." 

"This in time then, as now, of insurrection, at about 11.30 p. m., on or about the 
13th day of Xovember, 1899, at or near Cocalditen, a barrio of Asingan, province of 
Pangasinan, P. I., a place then, as now, in the theater of military operations." 

Pleas. — "Not guilty," 

Findings. — Marcelo Alfonso and Faustino Mago: Of the specification, first charge, 
"guilty." Of the first charge, "guilty." Of the first specification, second charge, 
"guilty, except the words, 'shooting them, the said Docosin, Tabaldo, Prado, and. 
Sabarboro with guns and,' and of the excepted words, not guilty." Of the second 
specification, second charge, "guilty." Of the second charge, "guilty." 

Vicente Magpale: Of the specification, first charge, "not guilty." Of the first 
charge, "not guilty." Of the first specification, second charge, "not guilty." Of 
the second specification, second charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Marcelo Alfonso, 
Vicente Magpale, and Faustino Mago, natives, and each of them "to be hung by the 
neck until they are dead, at such time and place as the reviewing authority may 
direct, two-thirds of the members concurring therein." 

In the foregoing case of Marcelo Alfonso, Vicente Magpale, and Faustino Mago, 
it appears of record that these accused were members of a band of ladrones armed with 
bolos, that entered the barrio of Xamipitan at night and, seizing and binding four 
men and one woman, with threats and blows with their bolos drove them from their 
homes into the woods, where three days later the decaying bodies of the men were 
found shockingly mutilated with bolo wounds. The fate of the woman remains a 
mystery. It also appears that this band, including all these accused, suddenly 
appeared at night time in the barrio of Cocalditen and there seized the presidente 
and other principal citizens of the pueblo of Asingan, bound them, wounded them 
with bolos, and took them away captive. 

In the first instance robbery appears as an incidental feature to the wanton slaugh- 
ter of four law-abiding men. In the second instance the principal men of Asingan 
had sought refuge in the barrio of Cocalditen from the approaching American troops 
and the fear of consequences of their attacking the insurgent forces at Asingan. 
These men had been in authority, and, in the exercise thereof, had apparently given 
offense to this outlaw band, which now embraced its opportunity to inflict vengeance 
upon them in their helplessness. 

The operations of the band clearly indicate their intention to substitute their 
reign of terror for all semblance of lawful authority, and were conducted in such 
wanton and savage spirit as to place its members beyond the just limits for the exer- 
cise of mercy. 

That these accused are guilty as charged and found by the commission there is no 
reasonable doubt. 

The sentence, approved by the department commander, is confirmed, but, upon 
his recommendation, is commuted, in the case of Marcelo Alfonso, to confinement at 
hard labor for the period of twenty (20) years. As thus commuted, the sentence 
will be duly executed at the Presidio de Manila, to which place this prisoner will be 
sent under proper guard. 

The sentence in the cases of Vicente ]Magpale and Faustino Mago will be duly exe- 
cuted at the pueblo of Binalonan, province of Pangasinan, island of Luzon, P. I., on 
the twelfth (12th) day of April, A. D. 1901, under the direction of the commanding 
general. Department of Northern Luzon. 

By command of ]\Iajor-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 141 

Headquarters Division of the Philippines, 

Manila, F. I., ApHl 10, 1901. 

General Orders, No. 67. 

Before a military commission which convened at Yigan, province of Ilocos Sur, 
Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 9, Headquarters Department 
of Northern Luzon, January 10, 1901, and of which Lieutenant Colonel Robert L. 
Howze, 34th Infantry, U. S. \'olunteers, was president, and 1st Lieutenant Harold P. 
Howard, 3d V. S. Cavalry, was judge advocate, were arraigned and tried: Luis Plana, 
Lazaro Reg, Eulogio Rebodan and Severino Reboldela, natives. 

Charge. — " Murder. ' ' 

Specification. — "In that Luis Plana, Lazaro Reg, Eulogio Rebodan and Severino 
Reboldela, natives, did kill and murder one Luis Flores, a native, by striking and 
stabbing him, the said Luis Flores, with bolos or other sharp instruments held in the 
hands of said Lazaro Reg, Eulogio Rebodan and Severino Reboldela, inflicting wounds 
therewith whereof he, the said Luis Flores, then and there died. This in or about 
the month of August, 1900, then, as now, a time of insurrection; at or near the barrio 
of Paratong, pueblo of Santa Catalina, Ilocos Sur, Luzon, P. I., a place then, as now, 
imder the military government of the United States." 

Pleas. — Of Luis Plana, Eulogio Rebodan and Severino Reboldela, "not guilty." 
Of Lazaro Reg, "guilty." 

Findings. — Luis Plana and Lazaro Reg, "guilty." Eulogio Rebodan and Severino 
Reboldela, of the specification, "guilty, except the words 'and murder,' and of the 
excepted words not guilty." Of the charge, "Not guilty of murder but guilty of 
manslaughter. ' ' 

Sentence. — And the commission does therefore sentence them, Luis Plana and 
Lazaro Reg, and each of them, "to be hanged by the neck until they, and each of 
them, are dead, at such time and place as the reviewing authority may direct, two- 
thirds of the commission concurring therein." 

Anci the commission does therefore sentence them, Eulogio Rebodan and Severino 
Reboldela, and each of them, "To be confined at hard labor, at such place as the 
reviewing authority may direct, for thirty (30) years." 

In the foregoing case it appears that the accused, Luis Plana, was a captain or 
*' Jefe principal" of a band of outlaws known as the "Sandatahans," the members 
of which were bound together by an oath to collect contributions for the insurgents 
and to kill all who did not obey the orders of its chiefs. In pursuance of the band's 
methods one Luis Flores, in August, 1900, at the barrio of Paratong, Santa Catalina, 
was delivered, bound, by Luis Plana, to the three accused, Lazaro Reg, Eulogio 
Rebodan and Severino Reboldela, with orders to take out the victim to a spot near 
the sea and kill him. The order was executed by the three accused last named, each 
stabbing deceased with sabres and daggers, at the brink of a grave in an isolated spot 
selected for his interment, and in which grave the victim was immediately thereafter 
buried. 

The legal guilt of all of these accused seems of equal degree, and it is believed their 
punishment should be of equal extent. 

The sentences, approved by the Department Commander, are confirmed, Init, upon 
his recommendation, are, in the cases of Luis Plana and Lazaro Reg, commuted to 
imprisonment at hard labor for the period of thirty (30) years. As thus mitigated, 
their sentence, and that of Eulogio Rebodan and Severino Reboldela, will be duly 
executed at the Presidio de Manila, to which place they, and each of them, will be 
sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, V. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., April 10, 1901. 
General Orders, No. 68. 

Before a military commission which convened at Lf'rdaneta, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 220, Headquarters Depart- 
ment of Northern Luzon, December 8, 1900, and of which ]Major Joseph \V. Duncan, 
13th U. S. Infantry, was president, and First Lieutenant Harvey W. ^Miller, 13th U. S. 
Infantry, was judge-advocate, were arraigned and tried Marcelo Quiming, Marcos 
Lafuente, and Alberto Lafuente, natives. 

Charge.— ''Murder." 



142 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

Specification. — "In that they, Marcelo Quiming, Marcos Lafuente, and Alberto Lafu- 
ente, in company of, and consorting with, armed outlaws to the number of live, more 
or less, did, willfully, feloniously, and with malice aforethought, kill and murder 
Marcelo Martinez, native, by cutting and stabbing him, the said Martinez, withbolos 
held in the hands of the said INIarcelo Quiming, Marcos Lafuente, and Alberto Lafu- 
ente, and of the said outlaws, whereof he, the said Marcelo Martinez, did then and 
there die. This, in the time of insurrection, on or about September 26, 1900, at or 
near the barrio of Camanang, pueblo of Urdaneta, province of Pangasinan, Luzon, 
P. L, a place then, as now, in the theater of military operations." 

Pleas. — "Not guilty." 

Findings.— " Guilty." 

Sentence. — And the commission does therefore sentence them, Marcelo Quiming, 
Marcos Lafuente, and Alberto Lafuente, natives, and each of them, "To be hung by 
the neck until they are dead, at such time and place as the reviewing authority may 
direct, two-thirds of the members concurring therein." 

In the foregoing case it appears that the accused, Marcelo Quiming, Marcos Lafu- 
ente, and Alberto Lafuente, seized and bound one Marcelo Martinez, who was fishing 
from the Camanang River near the barrio of Camanang. A few days later the muti- 
lated body of Martinez was found in the near vicinity, hacked with bolos, covered 
with lacerated and contused cuts, fractures, and bruises, nine in number, five of 
w^hich were each sufficient to cause death. In addition, a cord was tied very tightly 
around the neck with a free part several inches in length and indicating a part had 
been cut away. Against the testimony connecting these accused with this crime they 
offer no denial or explanation, but rest their defense on the proposition that no eye- 
witness of the actual killing has testified against them, and that the worst which has 
been proven against them is kidnaping, which is not charged. The presumption 
rising from the forcible seizure of deceased, and the subsequent discovery of his body 
cruelly murdered, is more convincing and of a higher order than that class of direct 
testimony springing from human fallibility and human frailties — passions or animos- 
ities. In criminal juridicature it is well established that the judiciary must act upon 
presumptive proof or leave the most secret, and among them some of the worst, 
crimes unpunished. 

Here a dead and mutilated body is found with wounds, fractures, and methods of 
strangulation which exclude any inference of accident or suicide. Direct evidence 
of death and irresistible proof of violence, the latter the cause, the former the effect, 
both obvious and certain, established the existence of the criminal act. Add to this 
fact that these accused w^ere seen to unlawfully seize and bind the deceased but three 
days previously, since which time he has not been seen alive, and the presumption 
of Iheir guilt overcomes all reasonable doubt. 

The sentence, approved by the department commander, is confirmed, but, in 
accordance with his recommendation, is commuted, in the cases of Marcelo Quiming 
and Marcos Lafuente to confinement at hard labor for the period of their natural 
lives, and the sentence in the case of Alberto Lafuente is commuted to confinement at 
hard labor for the period of twenty years. As thus commuted, the sentences will be 
duly executed at the Presidio de Manila, to which place these prisoners will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff, 



Headquarters Division of the Philippines, 

Manila, P. I., April 10, 1901. 
General Orders, No. 69. 

Before a military commission which convened at Santa Maria de Pandi, Bulacan 
Province, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 53, Head- 
quarters Department of Northern Luzon, June 15, 1900, and of which Major William 
L. Geary, 35th Infantry, U. S. Volunteers, was president, and 1st Lieutenant Alvin 
C. Voris, battalion adjutant, 35th Infantry, U. S. Volunteers, was judge-advocate, 
was arraigned and tried Pablo de Leon, a native. 

Charge. — " Kidnaping. ' ' 

Specification. — "In that Pablo de Leon, a native, in company of and consorting with 
a band of armed outlaws to the number of eight, more or less, in time of insurrection, 
at the sitio of Patag, pueblo of Santa Maria de Pandi, province of Bulacan, Luzon, 
P. I., a place then, as now, in the theater of military operations, did feloniously and 
forcibly seize and conduct therefrom, against his will, one Juan de Vera, a native 



CHA. ES OF CRUELTY, ETC., TO FILIPINOS. 143 

lawfully residing at said sitio, and did turn over the said Juan de Vera to a party of 
insurgents, by whom the said Juan de Vera was assassinated. This at the above 
specified place at or about 10 p. m., September 25, 1900." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Pablo de Leon, native, 
" To be confined at hard labor, at such place as the reviewing authority may direct, 
for the period of twenty years." 

In the foregoing case it appears that the accused, Pablo de Leon, took up temporary 
quarters within the lines of the American forces at Santa Maria de Pandi, Bulacan, 
as an agent of the insurgent forces under Lieutenant Colonel Bonifacio Morales, with 
the special purpose of ascertaining and capturing those natives who exhibited friend- 
liness to the Americans. Pursuant to this purpose, he, on September 25, 1900, at 10 
o'clock at night, accompanied by a band of eight armed insurgent soldiers, repaired 
to the house of one Juan de Vera, in the sitio of Patag, took him from his home and 
family, conveyed him to Bajay-Pari and delivered him to Lieutenant-Colonel Morales, 
of the insurgent forces, who caused him to be summarily executed by decapitation. 
From these facts springs a strong presumption of the guilt of accused as a principal in 
the murder, but, as he was not charged with this crime, the commission had no 
power to pass upon it. Of his full acquiescence and willing guilt of the crime charged 
there can arise no reasonable doubt from the very complete evidence presented in the 
case. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff . 



Headquarters Division op the Philippines, 

Manila, P. L, April 12, 1901. 
General Orders, No. 71. 

Before a military commission which convened at Misamis, island of Mindano, P. L, 
pursuant to paragraph 1, Special Orders, No. 12, Headquarters Department of Min- 
danao and Jolo, January 22, 1901, and of which Major Michael M. McNamee, 40th 
Infantry, U. S. Volunteers, was president, and 1st Lieutenant Charles C. Pulis, 40th 
Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried: Ubaldo 
Leonardo, Julio Boras, Engratio Demanjog, Luciano Ramonal, Ermonjenis Mansa, 
and Potenciano Nery, natives. 

Charge I. — "Abduction with intent to do bodily injury." 

Specification. — " In that Ubaldo Leonardo, Julio Boras, Engratio Demanjog, Luciano 
Kamonal, Alejo Dalid, Ermonjenis Mansa, Potenciano Nery and Dimas Engratio, 
native Filipinos, did consort together and connive at the capture of Bonifacio Dajos, 
a native Filipino and a sergeant of police of Misamis, and did, unlawfully, by force 
and with intent to do bodily harm, abduct and carry away the said Bonifacio Dajos 
from the barrio of Taboc, pueblo of Misamis, Mindanao, P. I., in territory then, as 
as now% occupied by United States troops, and at a time then, as now, of insurrection 
against the authority of the L'nited States, and did take him, the said Bonifacio 
Dajos, bound and gagged, to the barrio of Manincal and to the house of Ubaldo 
Leonardo, a so-called captain of insurgents, and the leader in the plot to abduct. 
This at the barrio of Taboc, pueblo of Misamis, Mindanao, P. L, about 7 o'clock 
p. m., November 27, 1900." 

Charge II.—" Murder." 

Specification. — "In that Ubaldo Leonardo, Julio Boras, Engratio Demanjog, Luciano 
Ramonal, Alejo Dalid, Ermonjenis Mansa, Potenciano Nery, and Dimas Engratio, 
native Filipinos, did consort together at the house of Ubaldo Leonardo, barrio of 
Manincal, pueblo of Misamis, Mindanao, P. I., about the person of Bonifacio Dajos, 
whom they had captured and bound, in territory then, as now, occupied by United 
States troops, and at a time then, as now, of insurrection against the authority of 
the United States, and did unlawfully, feloniously, and with malice aforethought, 
murder and kill the said Bonifacio Dajos, by striking him in the mouth and the side of 
the body with a gun in the hands of Ubaldo Leonardo, and by stabbing him in the 
neck with a dagger or knife in the hands of Ubaldo Leonardo, and by stabbing him 
in the body with daggers or knives in the hands of Dimas Engratio and Julio Boras, 



144 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

respectively. This at or near the barrio of Manincal, pueblo of Misamis, Mindanao, 
P. I., on the evening of November 27, 1900." 

Pleas.—" Not guilty." 

Findings. — Ubaldo Leonardo and Julio Boras, "guilty." Engratio Demanjog, 
Luciano Ramonal, Ermonjenis Mansa, and Potenciano Nery: Of the first charge and 
its specification, "guilty." Of the second charge and its specification, "not guilty." 

Sentence. — And the commission does therefore sentence them, Ubaldo Leonardo 
and Julio Boras, "To be hanged by the neck until dead, at such time and place as 
the reviewing authority may direct, two-thirds of the members concurring therein." 

And the commission does therefore sentence them, Engratio Demanjog and Luciano 
Ramonal, "To be confined at hard labor for twenty (20) years, at such place as the 
reviewing authority may direct." 

And the commission does therefore sentence him, Potenciano Nery, "To be con- 
fined at hard labor for twelve (12) years, at such place as the reviewing authority may 
direct." 

And the commission does therefore sentence him, Ermonjenis Mansa, to be con- 
fined at hard labor for ten (10) years, at such place as the reviewing authority may 
direct. ' ' 

In the foregoing case of Ubaldo Leonardo, Julio Boras, Engratio Demanjog, Luciano 
Ramonal, Ermonjenis Mansa, and Potenciano Nery, natives, who were jointly tried, 
it appears of record that these accused, armed with guns and bolos, entered the pueblo 
of INIisamis, and, seizing a policeman of that place, carried him away by force to the 
house of one of these accused, where they tied him to a post and brutally beat him 
with a gun. The band then took their victim out upon the highway, a short distance 
from Misamis, where they inflicted several fatal bolo wounds upon his body and left 
it lying lifeless upon the road with a paper pinned to the breast bearing the inscrip- 
tion: "Countrymen, don't imitate me, fori am an Americanista and have talked 
with the Americans." The evidence of many witnesses, fully corroborated by one 
of these accused from the witness stand, leaves no reasonable doubt that, as princi- 
pals, they are all guilty of murder. With respect to four of these accused the com- 
mission has found otherwise, but confirms against these the charge of "Abduction 
with intent to do bodily injury." 

In the pleadings, the word "abduction" is used as equivalent to kidnaping and 
the finding to that effect has received the approval of the department commander, 
whose action in the premises is confirmed. But all concerned are reminded that the 
crime described is specifically designated by the term "kidnaping," which should, 
in all like cases, be employed. 

The sentences as approved are confirmed, and in the cases of Ubaldo Leonardo 
and Julio Boras will be duly executed at the pueblo of Miasmis, island of Mindanao, 
on the seventeenth (17th) day of May, A. D. 1901, under direction of the command- 
ing general, Department of Mindanao and Jolo. 

In the case of Ermonjenis Mansa, approved and published by the department com- 
mander, and the cases of Engratio Demanjog, Luciano Ramonal, and Potenciano 
Nery, the Presidio de Manila is designated as the place of execution of their sentences, 
to which place they will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., April 20, 1901. 
General Orders, No. 74. 

Before a military commission w^hich convened at Bautista, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 10, Special Orders, No. 34, Headquarters Depart- 
ment of Northern Luzon, February 5, 1901, and of which Captain Harry C. Benson, 
4th Jj. S. Cavalry, Avas president, and 2d Lieutenant Sylvester Bonnaffon, 13th U. S. 
Infantry, was judge-advocate, were arraigned and tried: Diego Salcedo, Manuel 
Martin, and Pascual Martin, natives. 

Charge. — "Murder." Specification: "In that Diego Salcedo, Manuel Martin, and 
Pascual Martin, natives, and each of them, did willfully, feloniously, and with malice 
aforethought, kill and murder Private Henry L. Schafer, Company L, 17th Infantry, 
an American soldier, by striking said Schafer one or more times with a bolo held 
in the hands of the hereinbefore-named natives, inflicting wounds therewith, whereof 
the said Schafer then and there died; the said Diego Salcedo, Manuel Martin, and 
Pascual Martin, each and all of them, being then and there present. This at or near 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 145 

the barrio of Bonbon, second, town of Caniiling, province of Tarlac, a place under 
the military authority of the United States, on or about October 6, 1900, a time of 
insurrection." 

Pleas. — "Not guilty." 

Findings.— "Guilty." 

Sentence. — And the commission does therefore sentence them, Diego Salcedo, 
Manuel Martin, and Pascual Martin, natives, and each of them, "to be hanged by 
the neck until each of them be dead, at such time and place as the reviewing author- 
ity may direct, two-thirds of the members of the commission concurring therein " 

In the foregoing case, the sentences which were approved by the department com- 
mander the 25th day of March, 1901, are confirmed, but as to each of the accused, 
Diego Salcedo and Manuel Martin, is commuted to confinement at hard labor for the 
period of his natural life; and as to Pascual Martin, it is commuted to confinement 
at hard labor for the period of twenty years. As thus mitigated, the sentences will 
be duly executed at the Presidio de Manila, to which place the prisoners will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. I., April 22, 1901. 

General Orders, No. 76. 

Before a military commission which convened at Nueva Caceres, Province of 
Camarines Sur, Luzon, P. I., pursuant to paragraph 8, Special Orders, No. 8, Head- 
quarters Department of Southern Luzon, January 8, 1901, and of which Lieutenant 
Colonel Almond B. Wells, 9th LT, S. Cavalry, was president, and First Lieutenant 
James A. Ryan, 9th U. S. Cavalry, was judge-advocate, was arraigned and tried: 
Teborcio INIabola, a native. 

Charge I. — "Assault with intent to commit murder." Specification. — "In that 
Teborcio Mabola, native, in company of, and consorting with a band of armed out- 
laws, numbers and names unknown, did willfully, feloniously, and with malice 
aforethought, attempt to kill and murder one Basilio Samudio, by striking him with 
bolos held in the hands of members of said band, inflicting therewith painful and 
dangerous wounds on the person of said Basilio Samudio." "This on or about 
November 10, 1900, then, as now, a time of insurrection, at or near the village of 
Pamoke, barrio of San Fernando, Camarines Sur, Luzon, P. I., a place now, as then, 
under the military authority of the L'nited States. 

Charge II. — "Murder." Specification. — "In that Teborcio Mabola, native, in 
company of and consorting with a band of outlaws, number and names unknown, 
did willfully, feloniously, and with malice aforethought, kill and murder one Simon 
Saleste, a policeman of San Fernando, P. I., by cutting off his head with a bolo, held 
in the hands of members of said band." "This on or about November 10, 1900, 
then, as now, a time of insurrection, at or near the village of Pamoke, barrio of San 
Fernando, Camarines Sur, Luzon, P. I., a place then, as now% under the military 
authoritv of the United States." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Teborcio Mabola, 
native, "To be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Teborcio Mabola, native, it appears from the record that 
the accused belonged to a band of men armed with bolos and clubs, that secretly 
assembled within the territory occupied by American troops and, watching its oppor- 
tunity, attacked a party of four native policemen, who had been sent by the presi- 
dente of San Fernando to obtain wood for the use of a detachment of said troops; 
that they killed one of the policemen outright, and pursued the three other men as 
they fled for their lives, and inflicted upon one of them wounds in consequence of 
which he lost an arm. 

The friendly services being rendered the American troops appear as the evident 
motive for this murder. Such savage and inhuman methods of unlawful partisan 
warfare fall under the condemnation of all law — and, under the laws of war and mili- 
tary government, all who so offend are subject to the penalty of death. 

The accused does not, however, appear as an instigator of or eager participant in 

S. Doc. 205, pt 2 10 



146 CHARGES OF CEUELTY, ETC., TO FILIPINOS. 

this crime. While his presence as one of the band brings him under the condemna- 
tion of the law, the reviewing authority nevertheless is inclined to give weight to the 
nnpression that his presence was more from duress than from a willful and malicious 
motive. 

The sentence, approved l)y the department commander, is confirmed, but is com- 
muted to confinement at hard labor for the period of twentv vears. As thus com- 
muted, the sentence will be duly executed. The Presidio de 'Manila is designated 
as the place of confinement, to which place the prisoner will be sent under proper 
guard. 

By command of Major-General JMac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., Ajrril 22, 1901. 
'General Orders, Xo. 77. 

Before a military commission which convened at San Fernando, Province of Pam- 
panga, Luzon, P. L, pursuant to paragraph 1, Special Orders, No. 230, Headquarters 
Department of Northern Luzon, December 19, 1900, and of which Lieutenant-Colonel 
Greenleaf A. Goodale, 3d U. S. Infantry, was president, and Captain William R. 
Sample, adjutant, 3d U. S. Infantry, was judge- advocate, was arraigned and tried: 
Jacinto Pineda, native. 

Charge I. — "Being a guerrilla and disturber of the peace." Specification. — "In 
that Jacinto Pineda was a member of a band of insurgent guerrillas, under command 
of one Eusebio Rojas, a notorious outlaw, the members of which band wore no 
uniforms, and intermittently returned to ordinary pursuits, and did disturb, molest, 
and terrify peaceful inhabitants of the province of Pampanga, island of Luzon. This 
during the year 1900, within a district then, as now, in insurrection against the 
United States." 

Charge II. — "Murder." Specification. — "In that Jacinto Pineda did feloniously 
and with malice aforethought participate in the unlawful killing and murdering of 
Dalmacio Sicat, a peaceful native, by directing and assisting in the burial alive of 
said Sicat. This between October 31 and December 31, 1900, at barrio San Isidro, 
Bacolor, province of Pampanga, island of Luzon, within a district then, as now, in 
insurrection against the United States." 

Plea.— "Not guilty." 

Finding. — " Guilty." 

Sentence. — And the commission does therefore sentence him, Jacinto Pineda, "To 
be confined at hard labor, at such place as the reviewing authority may direct, for 
the period of his natural life." 

In the foregoing case of Jacinto Pineda, a native, it appears that he belonged to a 
small band of men, the members of which were ordinarily engaged in peaceful pur- 
suits, but which occasionally assembled for the purposes of robbery and murder, and, 
as in this instance, the burial alive of a law-abiding neighbor. The accused, while 
confessing his part in this most cruel deed, pleaded his youth and the compulsion 
exercised over him by one Eusebio Rojas, who has paid the penalty of death for this 
and other like crimes of which he was the chief actor and instigator. 

The evidence, however, shows that the accused was an active and willing agent, 
and in the eye of the law a principal in this murder. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed. The Presidio de Manila is designated as the j^lace of confinement, to 
which the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, April 22, 1901. 
General Orders, No. 78. 

Before a military commission which convened at Aparri, province of Cagayan, 
Luzon, P. I., pursuant to paragraph 1, special orders. No. 211, Headquarters Depart- 
ment of Northern Luzon, November 28, 1900, and of which Maj. Samuel R. Whitall, 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 147 

Sixteenth United States Infantry, was president, and First Lieut. Benjamin T. Sim- 
mons, commissary. Sixteenth United States Infantry, was judge-advocate, was 
arraigned and tried Jose Bahgod, native. 

Charge I. — *' Violation of the laws and usages of war." 

Specification 1. — "In that he, Jose Baligod, a native owing allegiance to the United 
States, and the duly elected presidente of the pueblo of Tuao, province of Cagayan, 
Luzon, P. I., in company of, and consorting with, Raphael Banites, Pedro Datul, 
Andres Daguel, Remigio Baligod, Bartolome Baligod, and other natives, names and 
numbers unknown, not uniformed nor belonging to any regularly organized insur- 
gent force, did rise in arms against the lawful authority of the United States of Amer- 
ica in the Philippine Islands, by assisting in assembling and organizing an unlawful 
band of armed natives in the vicinity of the said ]^ueblo of Tuao for the purpose of 
attacking the garrison of LT. S. troops there stationed; and by assisting in making an 
attack, with firearms, bolos, and daggers, upon the United States garrison, consisting 
of nineteen men of Company M, 49th Infantry, U. S. Volunteers, said attack being 
made at midnight of the 18th and 19th of October, 1900. This on or about the 17th, 
18th, and 19th days of October, 1900, in the pueblo above named, a place then, as 
now, within the territory occupied by the Army of the United States, under martial 
law; and then, as now, a time of insurrection against the lawful authority of the 
United States." 

Specification 2. — " In that he, Jose Baligod, a native owing allegiance to the United 
States, and the duly elected presidente of the pueblo of Tuao, province of Cagayan, 
Luzon, P. I., did aid and abet Raphael Banites, Pedro Datul, Andres Daguel, Rem- 
igio Baligod, Bartolome Baligod, and other natives to the number of 250, more or 
less, not uniformed nor belonging to any regularly organized insurgent force, in 
preparing to attack and in making an attack with firearms, bolos, and daggers, upon 
the United States garrison, consisting of nineteen men of Company M, 49th Infantry, 
U. S. Volunteers, said attack being made at about midnight of the 18th and 19th of 
October, 1900. This on or about the 18th day of October, 1900, within the territory 
occupied by the Army of the said United States, under martial law; and then, as 
now, a time of insurrection against the lawful authority of the said United States." 

Specification 3. — "In that he, Jose Baligod, a native owing allegiance to the United 
States, and the duly elected presidente of the pueblo of Tuao, province of Cagaj'^an, 
Luzon, P. I., on or about the 22d day of September, 1900, did harbor, protect, and 
conceal in his, the said Jose Baligod' s, house one Raphael Banites, a native Tagalog, 
well known by the said Jose Baligod to be engaged at the time in organizing a force 
of natives to make an unlawful attack upon the United States garrison stationed at 
the said pueblo of Tuao. This within the territory occupied by the Army of the 
said United States under martial law; and then, as now, a time of insurrection against 
the lawful authority of the United States." 

Specification 4- — "In that he, Jose Baligod, a native owing allegiance to the United 
States, and the duly elected presidente of the pueblo of Tuao, province of Cagayan, 
Luzon, P. I., did, on two separate occasions, proceed to the rancho of Balise, a barrio 
of the aforesaid pueblo, and there consult with one Raphael Banites, a native Tagalog, 
a leader of outlaws, for the purpose of completing the organization of an unlawful 
band for an attack upon the United States garrison stationed at the said pueblo of 
Tuao, and did assist, both by his influence and official authority, in completing 
the said unlawful organization, he well knowing before leaving said pueblo of Tuao 
that the said rancho of Balise Avas the appointed place of rendezvous of the said unlaw- 
ful organization. This at the said rancho of Balise and in the said pueblo of Tuao, on 
or about the 17th and 18th days of October, 1900, places then, as now, within the 
territory occupied by the Army of the said United States, under martial law; and 
then, as now, a time of insurrection against the lawful authoritv of the said United 
States." 

Charge II. — "Neglect of duty as presidente." Specification. — "In that Jose Bali- 
god, a native owing allegiance to the United States, and the duly elected presidente 
of the pueblo of Tuao, province of Cagayan, Luzon, P. I., being well aware of a con- 
templated attack Avhich was to be made by a band of outlaws upon the garrison of 
U. S. troops stationed in the aforesaid pueblo, on the night of October 18, 1900, and 
being in the barracks of the said garrison on the night of the said attack, conversing 
with members of the said garrison from about 8.30 p. m. until about 11.30 p. m., and 
it being his duty to report such contemplated attack to the commander of United 
States forces, did fail and neglect utterly to notify any United States official, or any 
member of the said garrison, of the contemplated attack, which attack was made ujion 
the aforesaid garrison of U. S. troops at about midnight of the 18th of October, 1900, 
with firearms, bolos, and daggers held in the hands of the aforesaid band of native 
outlaws which the said Jose Baligod had previously aided in assembling and organ- 



148 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

izing, at the rancho of Balise, in the aforesaid pueblo. This at the said pueblo of 
Tuao, on or about the 18th day of October, 1900, a place then, as now, within the 
territory occupied by the said Army of the United States, under martial law; and then, 
as now, a time of insurrection against the lawful authority of the said United States." 

Plea.— '"Not guilty." 

Finding. — Of the first specification, first charge, "not guilty." 

Of the second specification first charge, "guilty." 

Of the third specification, first charge, "guilty, except the words 'his, the said Jose 
Baligod's, house,' substituting therefor the words 'the house of Felisardo Bangan,' 
of the excepted words not guilty, of the substituted words guilty." Of the fourth 
specification first charge, "guilty." 

Of the first charge, "guilty." 

Of the specification, second charge, "guilty." 

Of the second charge, "guilty." 

Sentence. — "And the commission does therefore sentence him, Jose Baligod, native, 
to be confined at hard labor, in such penitentiary as the reviewing authority may 
direct, for twenty (20) years." 

In the foregoing case it appears that the accused, Jose Baligod, was the presidente 
of the pueblo of Tuao, duly elected under the system established by the American 
Government; that while exercising the functions of this office he became cognizant 
of the organization of a band of men in a neighboring barrio for the purpose of 
attacking the small garrison of nineteen American soldiers stationed at Tuao; that he 
held personal interviews with the leader of this band, one Raphael Banites, advised 
him as to the auspicious time of attack; intercepted a messenger sent to warn the 
American troops of the impending danger and refrained himself from giving any in- 
formation or warning that would enable these troops to be in special readiness to 
meet it. He utilized the police as messengers between himself and the leaders of the 
band; and one policeman was actually employed as a spy on the American garrison, 
and who notified the band when to make its advance. It also appears that on a 
former occasion this accused harbored and concealed the leader of this attacking 
band in a houseof his bailiwick during the temporary presence at the presidencia of 
officials of the United States Army, and threatened to cut out the tongues of any who 
disclosed this fact. 

Xo doubt arises from the evidence that the accused treacherously abused the trust 
of his office and unlawfully gave aid and support to an armed band of outlaws in their 
attack upon the garrison at Tuao. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Tho:>ias H. Baery, 
Brigadier- General, U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila P. L, Apnl £7, 1901. 

General Orders, No. 81. 

Before a military commission which convened at San Fernando, province of Pain- 
panga, Luzon, P. I., pursuant to paragraph 5, Special Orders, Xo. 43, Headquarters 
Department of Northern Luzon, June 4, 1900, and of which Capt. Charles W. Wards- 
worth, Forty-first Infantry, United States Volunteers, was president, and First Lieut. 
Chauncy B. Humphrey, Third United States Infantry, was judge-advocate, was 
arraigned and tried: Augustin Miranda, native. 

Charge I. — "Murder." Specification. — "In that he, Augustin Miranda, a native, 
on or about November 29, 1899, then, as now, a time of insurrection, at the barrio of 
Santa Maria, pueblo of Santa Ana, province of Pampanga, Luzon, P. I., a place then, 
as now, in the theater of active military operations, in company of, and consorting 
with, a band of armed outlaws to the number of six, more or less, commanded and 
led by the said Augustin Miranda, did wilfully, feloniously, and with malice afore- 
thought, kill and murder the following persons, to wit: Adelardo Alfaro, Picardo 
Alfaro, and Jose Abelino, by inflicting divers and sundry wounds upon their persons 
with revolvers and bolos, from which the said Adelardo Alfaro, Picardo Alfaro, and 
Jose Abelino then and there died. This at the time and place above specified." 

Charge II. — "Robbery." Specification. — "In that, Augustin Miranda, a native, 
on or about the 3d day of February, 1899, then, as now, a time of insurrection, at 
the barrio of Santa Rita, pueblo of San Luis, province of Pampanga, Luzon, P. L, a 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 149 

place then, as now, in the theater of active mihtary operations, in company of, and 
consorting with, a band of armed outlaws, to the number of fifty, more or less, com- 
manded and led by the said Augustin Miranda, did feloniously and forciblj^ break 
and enter the house of Pascual Tison and take therefrom and from the presence of 
the owners, clothing and jewels of the value of one thousand pesos (|1,000.00) more 
or less, Mexican currency, the property of Pascual Tison, Lucila Tison, Pasion Tison, 
^nd Tailoa Tison. This at the time and place above specified." 

Charge III. — "Assault with intent to do bodily harm." Specification. — "In that 
he, Augustin Miranda, a native, on or about the 3d day of February, 1899, then, as 
now, a time of insurrection, at the barrio Santa Rita, pueblo of San Luis, province 
of Pampanga, Luzon, P. I., a place then, as now, in the theater of active military 
operations, in company of, and consorting with, a band of armed outlaws to the 
number of fifty, more or less, commanded and led by the said Augustin Miranda, 
did assault with intent to do bodily harm thereto, Lucila Tison, Pasion Tison, and 
Tailoa Tison, native women, by forcibly and against their will, compelling said 
women to leave their homes and to accompany him, the said Augustin Miranda, and 
his band of outlaws. This at the time ancl place above specified." 

Additional Charge. — "Murder." Specification. — " In that he, Augustin Miranda, 
native, did, on or about October 30, 1899, then, as now, a time of insurrection, at or 
near the barrio of Santa Maria, pueblo of Santa Ana, province of Pampanga, Luzon, 
a place then, as now, in the theater of active military operations, in company of, and 
consorting with, two other outlaws, namely, Epipanio Musni and Juan Tolentino, 
did wilfully, feloniously, and with malice aforethought, kill and murder one Jose 
Rivera, a native; by shooting him with revolvers and cutting him with bolos, held 
in the hands of said Augustin Miranda, Epipanio Musni, and Juan Tolentino, inflict- 
ing wounds therew^ith whereof the said Jose Rivera did then and there die. This at 
the place and about the time specified." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Augustin Miranda, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case it appears that the accused, Augustin Miranda, was the 
leader of an armed band of ladrones whose unlawful operations were carried on in 
the vicinity of Santa Ana, San Luis, and adjacent localities. On or about November 
29, 1899, the band, led by accused, ambushed, shot, and boloed to death, and robbed 
of their money, two brothers, Adelardo Alfaro and Ricardo Alfaro, the accused per- 
sonally firing one of the fatal shots. On the 3d of February, 1899, the accused led 
his band against the country house of one Pascual Tison, set it afire, looted its con- 
tents, and carried off into the fields three daughters of the owner, from whom they 
also robbed their earrings, diamonds, and rings. Three days later the accused and 
his band attacked the town house of Pascual Tison and thoroughly sacked it. In 
the latter part of October, 1899, accused and two armed followers, prompted by his 
inamorata, who kept a gambling house, carried off and cruelly shot one Jose Rivera, 
who was then l^oloed until dead by the companions of accused, and this for the sole 
reason that their victim was unable at that time to j)ay his gambling debt. 

There is no evidence of record relating to the murder of Jose Abelino, and the 
finding of the commission upon the specification to the first charge, so far as it 
relates to him, is disapproved. The sentence, approved by the department com- 
mander, is confirmed and will be duly executed at the pueblo of Santa Ana, prov- 
ince of Pampanga, Luzon, P. I., on the tenth (10th) day of May, A. D. 1901, under 
the direction of the commanding general. Department of Northern Luzon. 

By Command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General^ U. S. Volunfeer.^, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, Aprils?, 1901. 
General Orders, No. 82. 

Before a military commission which convened at Panique, province of Tarlac, 
Luzon, P. L, pursuant to paragraph 3, Special Orders, No. 193, Headquarters Depart- 
ment of Northern Luzon, Novem])er9, 1900, and of which Capt. Robert K. Evans, 
Twelfth U. S. Infantry, was president and First Lieut. George H. Shields, jr.. Twelfth 
U. S. Infantry, was judge-advocate, was arraigned and tried Filomeno Hallado, a 
native. 



150 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Charge. — "Murder." Specification. — "That on the 3d day of December, A. T>. 
1900, then, as now, a time of insm-rection, at the pueblo of Anao, province of Tarlac, 
on the island of Luzon of the Philippine Islands, a place then, as now, under the 
military occupation and government of the United States, one Filomeno Hallado, a 
Filipino and a resident of said province of Tarlac, in company of, and consorting 
with, other natives to the number of five, more or less, armed with bolos and a 
revolver, did feloniously, willfully and with malice aforethought, murder and kill 
one Gregorio Pascual, a Filipino and resident of said pueblo of Anao, by then and 
there cutting the said Gregorio Pascual with a bolo, held in the hands of said Filo- 
meno Hallado, and of his companions, to the number of five, more or less, then and 
there inflicting upon the said Gregorio Pascual divers cuts and wounds, by reason of 
w^hich said cuts and wounds the said Gregorio Pascual then and there died." 

Plea.— "Guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, the said Filomeno 
Hallado, native, "To be hanged by the neck until dead, at such time and place as 
the reviewing authority may direct, two-thirds of the commission concurring." 

In the foregoing case of Filomeno Hallado, native, the accused in his freely offered 
written statement to the connnission, admitted his guilt. 

The sentence, approved by the department commander, is confirmed, but owing 
to the failure of the commission to spread upon the record presumably available 
evidence of a corroborative character, the reviewing authority is constrained to com- 
mute the sentence of death awarded to imprisonment at hard labor for the period of 
his natural life. As thus commuted, the sentence will be duly executed at the 
Presidio de Manila, to which place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division op the Philippines, 

Manila, P. I., April 27, 1901. 
General Orders, No. 83. 

Before a military commission which convened at Vigan, Province of Ilocos Sur, 
Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 9, Headquarters Depart- 
ment of Northern Luzon, January 10, 1901, and of which Lieutenant-Colonel 
Robert L. Howze, Sith Infantry, U. S. Volunteers, was president, and 1st Lieutenant 
Harold P. Howard, 3d U. S. Cavalry, was judge-advocate, were arraigned and tried: 

I. Mariano Aragon, native. 
CharctE. — ' ' Murder. ' ' 

Specification 1. — "In that Mariano Aragon, native, did kill and murder one Pedro 
Alaebiila, a native, by striking and stabbing him, the said Pedro xllaebilla, with a 
bolo or other sharp instrument held in the hands of the said Mariano Aragon, inflict- 
ing wounds therewith whereof he, the said Pedro Alaebiila, then and there died. 
This on or about the month of March, 1900, then as now a time of insurrection, at or 
near the barrio Naguilian, pueblo of Caoayan, Ilocos Sur, Luzon, P. I., a place then, 
as now, under the military government of the L^nited States." 

Specification 2. — "In that Mariano Aragon, native, did kill and murder one Nicolas 
Alaebiila, a native, by striking and stabbing him, the said Nicolas Alaebiila, with a 
bolo or other sharp instrument held in the hands of the said Mariano Aragon, inflict- 
ing wounds therewith whereof he, the said Nicolas xllaebilla, then and there died. 
This on or about the month of March, 1900, then as now a time of insurrection, at 
or near the barrio Naguilian, pueblo of Caoayan, Ilocos Sur, Luzon, P. I., a place 
then, as now, under the military government of the United States." 

Plea.— "Not guilty." 

Finding. — Of the "first specification, "guilty, except the word 'Alaebiila,' substi- 
tuting therefor, wherever it occurs, the words 'whose other name is unknown;' of 
the excepted word not guilty and of the substituted words, guilty." Of the second 
specification, "guilty, except the word 'Alaebiila,' substituting therefor wherever it 
occurs, the words 'whose other name is unknown;' of the excepted word, not guilty, 
and of the substituted words, guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Mariano Aragon, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

II. Prudencio Llanes, native. 

Charge I. — "Violation of the laws of war." 

Specification 1. — " In that Prudencio Llanes, native, in company of and consorting 
with a band of outlaws, armed with rifles and bolos to the number oi forty, more or 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 151 

less, commanded and led by said Llanes, and living by day in the semblance of 
peaceful pursuits, did make a hostile raid on the barrio of San Julian, municipio of 
Vigan, Province of Ilocos Sur, Luzon, P. I., a place then, as now, under the military 
government of the L'^nited States, for the avowed purpose of killing one Catalino 
Foster, a native known to be friendly to the Ignited States. This on or about the 
night of December 1, 1900, then, as now, a time of insurrection," * * ^ 

Specification 2. — "In that Prudencio Llaiies, native, in comx)any of and consorting 
with a band of outlaws, armed with rifles and bolos to the number of forty, more or 
less, commanded and led by said Llanes, and living by day in the semblance of 
peaceful pursuits, did make a hostile raid on the barrio of San Julian, municipio of 
Vigan, Province of Ilocos Sur, Luzon, P. L, a place then, as now, under the military 
government of the United States, for the avowed purpose of killing one Arcadio 
Atangan, a native known to be friendly to the United States. This on or about the 
night of December 12, 1900, then, as now, a time of insurrection," * * * 

Chaege II.— "Murder." 

Specification 1. — "In that Prudencio Llanes, native, in company of, and consorting 
with, a band of armed outlaws, commanded and led by said Llanes, did kill and 
murder one Agapito Madarang, a native, by striking and stabbing him, the said 
Madarang, with a bolo or other sharp instrument, held in the hands of members of 
said band, inflicting wounds therewith whereof he, the said Madarang, then and 
there died. This on or about September 10, 1900, then, as now, a time of insurrec- 
tion, * * * at or near the barrio of Ravis, pueblo of Caoavan, province of Ilocos 
Sur, Luzon, P, I. - * -" 

Specification 2. — "In that Prudencio Llanes, native, in company of, and consorting 
with, a band of armed outlaws, commanded and led by said Llanes, did kill and 
murder one John Doe, a native, whose true name is unknown, by striking and stab- 
bing him, the said Doe, with a bolo or other sharp instrument, held in the hands of 
members of said band, inflicting wounds therewith whereof he, the said Doe, then 
and there died. This on or about January 15, 1900, then, as now, a time of insur- 
rection, * ^ "^ at or near the barrio of Cacutonan, pueblo of Caoayan, province 
of Ilocos Sur, Luzon, P. I. * * "^ " 

Plea.— "Not guilty." 

Finding. — Of the first specicification, first charge, "guilty;" of the second specifi- 
cation, first charge, "guilty;" of the first charge, "guilty;" of the first specification, 
second charge, "guilty;" of the second specification, second charge, "guilty, except 
the words 'on or about January 15,' substituting therefor the words 'during the 
month of March;' also except the word 'Cacutonan,' substituting therefor the word 
'Lusong;' of the excepted words, not guilty, and of the substituted words, guilty," 
Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Prudencio Llanes, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

III. Nicasio Llanes, native. 

Charge. — "Murder," Specification, — "In that Xicasio Llanes, native, in com- 
pany of, and consorting with other natives to the number of two, more or less, com- 
manded and led by said Llanes, and armed with rifles and bolos, did kill and murder 
one John Doe, a native, whose true name is unknown, by striking and stabbing him, 
the said Doe, with a bolo or other sharp instrument, held in the hands of said Llanes, 
inflicting wounds therewith whereof he, the said Doe, then and there died. This 
on or about March 15, 1900, then as now, a time of insurrection, ^ * "^ at or 
near the barrio of Cacutonan, pueblo of Caoayan, Ilocos Sur, Luzon, P, I. * * ^" 

Plea.— "Not guilt V," 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Nicasio Llanes, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

IV, ]Mamerto Llanes, native. 

CHARCiE. — "Murder." Specification. — "In that Mamerto Llanes, native, in com- 
pany of, and consorting with, a band of armed outlaws, commanded and led by one 
Prudencio Llanes, in armed defiance of the laws and authority of the United States, 
did kill and murder one Agapito Madarang, a native, by striking and stabbing him, 
the said ^ladarang, with a bolo or other sharp instrument held in the hands of mem- 
bers of said band, inflicting wounds therewith whereof he, the said Madarang, then 
and there died. This on or about the month of September, 1900, then, as now, a 
time of insurrection * * -^ at or near tlie barrio of Ravis, pueblo of Caoavan, 
province of Ilocos Sur, Luzon, P. I, * * * ." 

Plea,— "Not guiltv." 

Finding.—' ' Guilty. ' ' 

Sentence, — And the commission does therefore sentence him, Mamerto Llanes, 



152 CHARGES OF CRUELTY TC, TO FILIPINOS. 

native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

V. Tomas Asinan, native. 
Charge. — " Murder." 

Spec {ti cation 1. — "In that Tomas Asinan, native, did kill and murder one Juan 
Ramos, a native, by striking and stabbing him, the said Juan Ramos, with a bolo or 
other sharp instrument, held in the hands of the said Tomas Asinan, inflicting wounds 
therewith whereof he, the said Juan Ramos then and there died. This on or about 
the month of July, 1900, then, as now, a time of insurrection, at or near the barrio 
of Naguilian, pueblo of Caoayan, Ilocos Sur, Luzon, P. I. * * *." 

Speciticatio)) 2. — "In that Tomas Asinan, native, did kill and murder one Augustin 
Quiton, a native, by striking and stabbing him, the said Augustin Quiton, with a bolo 
or other sharp instrument, held in the hands of the said Tomas Asinan, inflicting 
wounds therewith whereof he, the said Augustin Quiton, then and there died. 
This on or about the month of August, 1900, then, as now, a time of insurrection, at 
or near the barrio of Xaguilian, pueblo of Caoayan, Ilocos Sur. Luzon, P. I. * * *." 

Specification 3. — "In that Tomas Asinan, native, did kill and murder one Mariano, 
a native, whose other name is unknown, by striking and stabbing him, the said 
^lariano, with a bolo or other sharp instrument held in the hands of the said Tomas 
Asinan, inflicting wounds therewith whereof he, the said Mariano, then and there 
died. This on or about the month of August, 1900, then, as now, a time of insur- 
rection, at or near the barrio of Xaguilian, pueblo of Caoavan, Ilocos Sur, Luzon, 
p J * * * " 

Specification 4- — "In that Tomas Asinan, native, did kill and murder one Benito, a 
native, whose other name is unknown, by striking and stabbing him, the said Benito, 
with a bolo or other sharp instrument held in the hands of the said Tomas Asinan, 
inflicting wounds therewith whereof he, the said Benito, then and there died. 
This on or about the month of July, 1900, then, as now, a time of insurrection, at 
or near the barrio of Xaguilian, pueblo of Caoayan, Ilocos Sur, Luzon, P. I. * * *." 

Specification .5. — "In that Tomas Asinan, native, did kill and murder one Anacleto, 
a native, whose other name is unknown, by striking and stabbing him, the said Ana- 
cleto, with a bolo or other sharp instrument held in the hands of the said Tomas 
Asinan, inflicting wounds therewith whereof he, the said Anacleto. then and there 
died. This on or about the month of July. 1900, then, as now, a time of insurrec- 
tion, at or near the barrio of Xaguilian, pueblo of Caoavan, Ilocos Sur, Luzon, 
p J * * ^ " " - 

Plea.— "Guilt V." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Tomas Asinan, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

VI. Fermin Cortes, native. 
Charge. — ' ' Murder. ' ' 

Specification 1. — "In that Fermin Cortes, native, being a member of a band of 
armed outlaws commanded and led by one Prudencio Llanes, in notorious armed 
defiance of the laws and authority of the United States, did kill and murder one 
John Doe, a native, whose true name is unknown, by striking and stabbing him, the 
said Doe, with a bolo or other sharp instrument held in the hands of said Cortes, 
inflicting wounds therewith whereof he, the said Doe, then and there died. This 
on or aliout October 15, 1900, then, as now. a time of insurrection * * * at or 
near the barrio of Tamurong, pueblo of Caoayan, Ilocos Sur, Luzon, P. I. * * *." 

Specification :2. — "In that Fermin Cortes, native, being a member of a band of 
armed oulaws commanded and led by one Prudencio Llanes, in notorious armed 
defiance of the laws and authority of the L^nited States, did kill and murder one 
Mary Doe, a native woman, whose true name is unknown, by striking and stabbing 
her, the said Mary Doe, with a bolo or other sharp instrument held in the hands of 
said Cortes, inflicting wounds therewith whereof she, the said Mary Doe, then and 
there died. This on or about October 15, 1900, then, as noAV. a time of insurrec- 
tion, * * * at or near the barrio of Tamurong, pueblo at Caoavan, Ilocos Sur, 
Luzon, P. I. - * * " 

Plea.— "Not guilty." 

Finding. — Of the 1st specification, "Guilty, excei)t the words 'John Doe' and the 
words ' whose true name is unknown;' sn1)stituting for the word 'John' the word 
'Buenaventura' and for the word 'Doe,' wherever it occurs, the word 'Mallore;' 
of the excepted words not guilty, and of the substituted words guilty." Of the 2d 
specification, "Guilty, except the words 'Mary Doe' and the words 'whose true 
name is unknown;' substituting for the words 'Mary Doe' the words 'Agapita Gat- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 153 

man;' of the excepted words not guilty and of the substituted words guilty." Of 
the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Fermin Cortes, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

VII. Placido Quiton, native. 
Charge. — ' ' Murder. ' ' 

Specification 1. — "In that Placido Quiton, native, in company of, and consorting 
with, a band of armed outlaws commanded and led by one Prudencio Llanes in 
armed defiance of the laws and authority of the United States, did kill and murder 
one Agapito Madarang, a native, by striking and stabbing him, the said Madarang, 
with a bolo or other sfiarp instrument held in the hands of members of said band, 
inflicting wounds therewith whereof he, the said Madarang, then and there died. 
This on or about September 10, 1900, then, as now, a time of insurrection, * * * 
at or near the barrio of Eavis, pueblo of Caoayan, province of Uocos Sur. Luzon, 

Specification 2. — "In that Placido Quiton, native, in company of, and consorting 
with, other natives, armed with bolos and other deadly weapons, did kill and mur- 
der one Justo Sevilla, a native, by striking and stabbing him, the said Sevillo, with 
a bolo or other sharj:) instrument, held in the hands of said Quiton, inflicting wounds 
therewith whereof he, the said Sevilla, then and there died." "This on or about 
the month of September, 1900, then, as now, a time of insurrection, * * * at or 
near the barrio of Bungtuolan, municipio of A^igan, province of Ilocos Sur, Luzon, 

Specification 3. — "In that Placido Quiton, native, did kill and murder one Petra 

Aniceto, a native woman, by striking and stabbing her, said Petra Aniceto, with a 

bolo or other sharp instrument, held in the hands of said Quiton, inflicting wounds 

therewith whereof she, the said Petra Aniceto, then and there died. This on or 

about the month of June, 1900, then, as now, a time of insurrection, * * * at or 

near the barrio of Bedding, pueblo of Caoavan, province of Ilocos Sur, Luzon, 
p J * * * " 

Plea.— "Xot guilty." 

Finding;. — Of the first specification, ' ' guilty. ' ' Of the second specification, ' ' guilty, 
except the words 'held in the hands of said Quiton;' of the excepted words, not 
guilty." Of the third specification, "guilty, except the word 'Caoayan,' substitut- 
ing therefor the word ' Vigan;' of the excepted word, not guilty, and of the substi- 
tuted word, guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Placido Quiton, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

VIII. Castor Alcausen, a native. 
Cpiarge. — " Murder. ' ' 

Specification 1. — "In that Castor Alcausen, native, in company of, and consorting 
wdth, a band of armed outlaws, commanded and led by one Prudencio Llanes, in 
armed defiance of the laws and authority of the United States, did kill and murder 
one Agapito Madarang, a native, by striking and stabbing him, the said ^Madarang, 
with a bolo or other sharp instrument, infiicting wounds therewith whereof he, the 
said Madarang, then and there died. This on or about the month of September, 
1900, then, as now, a time of insurrection * * * at or near the barrio of Ravis, 
pueblo of Caoayan, province of Ilocos Sur, Luzon, P. I. * * *." 

Specification 2. — "In that Castor Alcausen, native, in company of, and consorting 
with, other natives, armed with bolos and other deadly weapons, did kill and nuirder 
one Justo Sevilla, a native, by striking and stabbing him, the said Sevilla, with a 
bolo or other sharp instrument, inflicting wounds therewith whereof he, the said 
Sevilla, then and there died. This on or about the month of September, 1900, then, 
as now, a time of insurrection, * * * at or near the barrio of Bungtuolan, muni- 
cipio of Vigan, province of Ilocos vSur, Luzon, P. I. * * *." 

Plea.— "Xot guilt v." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Castor Alcausen, 
native, "To be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

IX. Laureano Querubin, a native. 
Charge. — ' ' ~S\ urder. ' ' 

Specification I. — "In that Laureano Querubin, native, did kill and murder one 
Gabriel, a native, whose other name is unknown, by striking and stab1)ing him, the 
said Gal)riel, with a bolo or other sharp instrument held in the hands of the said 



15tl: CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Laureno Qiierubin, inflictino: wounds therewith whereof he, the said Gabriel, then 
and there died. This on or about the month of June, 1900, then, as now, a time of 
insurrection, at or near the barrio of Na^uihan, pueblo of Caoavan, Ilocos Sur, Luzon, 

p "[ * * -Sfr " 

Spedficai'wn 2. — "In that Laureano Querubin, native, did kill and murder one 
Valentin, a native, whose other name is unknown, by striking and stabbing him, the 
said Valentin, with a bolo or other sharp instrument held in the hands of the said 
Laureano Querubin, inflicting wounds therewith whereof he, the said Valentin, then 
and there died. This on or about the month of July, 1900, then, as now, a time 
of insurrection, at or near the barrio of !Naguilian, pueblo of Caoavan, Ilocos Sur, 
Luzon, P. I. * * - " 

Plea.— ''Not guilty." 

Finding. — Of the first specification, "guilty, except the words *and murder,' and 
of the excepted words, not guilty." Of the second specification, " guilty, except the 
words ' and murder, ' and of the excepted words not guilty. ' ' Of the charge, ' ' not 
guilty of murder, but guilty of manslaughter. ' ' 

Sentence. — And the commission does therefore sentence him, Laureano Querubin, 
native, " To be confined at hard labor, at such place as the reviewing authority may 
direct, for thirty years." 

X. Catalino Xatividad, a native. 

Charge. — " Murder, ' ' 

Specification 1. — "In that Catalino Natividad, native-, did kill and murder one 
Enrique, a native, whose other name is unknown, by striking and stabbing him, the 
said Enrique, with a bolo or other sharp instrument held in the hands of the said 
Catalino Xatividad, inflicting wounds therewith whereof he, the said Enrique, then 
and there died. This on or about the month of July, 1900, then, as now, a time 
of insurrection, at or near the barrio of Naguilian, pueblo of Caoavan, Ilocos Sur, 
Luzon, P. I. * * * " 

Specification 2. — "In that Catalino Natividad, native, did kill and murder one Juan 
Hallado, a native, by striking and stabbing him, the said Juan Hallado, with a bolo 
or other sharp instrument held in the hands of the said Catalino Natividad, inflicting 
wounds therewith whereof he, the said Juan Hallado, then and there died. This 
on or about the month of July, 1900, then, as now, a time of insurrection, at or near 
the barrio of Naguilian, pueblo of Caoayan. Ilocos Sur, Luzon, P. I. - "^ * " 

Plea.— "Not guilty." 

FiNDiNCi. — Of the first specification, "guilty, except the woras 'and murder,' and 
of the excepted words, not guilty." Of the second specification, "guilty, except the 
words 'and murder,' and of the excepted words, not guilty." Of the charge, "not 
guilty of murder, but guilty of manslaughter. ' ' 

Sentence. — And the commission does therefore sentence him, Catalino Natividad, 
native, " To be confined at hard labor, at such place as the reviewing authority may 
direct, for thirty years." 

In the foregoing cases of Mariano Aragon, Prudencio Llanes, Nicasio Llanes, Mam- 
ertoLlanes, TomasAsinan, Fermin Cortes, Placido Quiton, Castor Alcausen, Laureano 
Querubin, and Catalino Nati\'idad, natives, it appears of record that Mariano Aragon 
and Prudencio Llanes were two of a triumvirate of chiefs of an oath-bound band of 
armed men, styling themselves ' Sandatahans ' and of which all of these accused 
were members; that they appointed a chief executioner, assistant executioners, a 
requisite number of grave diggers, and then, with set purpose, proceeded to assassi- 
nate all persons who manifested reluctance to join them or to contribute of their 
means to their support or to the support of the insurrectos in the hills, whom the 
leaders of the band claimed they were serving. They operated secretly at night, the 
leaders usually selecting their victims one at a time, and, having first secured, con- 
ducted them to a secret rendezvous on a sandy beach covered with very tall grass 
where, by timely notice, the grave diggers had dug the number of graves required 
and the chief executioner and his assistants had assembled for their appointed work. 
Here, in the presence of the assembled band, men and women, bound and helpless, 
were, from time to time, placed upon the brinks of their opened graves, their bodies 
run through with swords and bolos, and then buried. The members of the band 
would then separate, each going to his own home, trusting to the rise and fall of the 
nearby waters to slowly hide the traces of their work. These hideous operations 
were continued with industrious persistency through two months or more until the 
lengthening row of graves reached, in the language of one of the witnesses, "about 
thirty, more or less." 

Wia y a populous community of men should calmly submit to gradual and certain 
extermination at the hands oi a few men banded together for secret assassination, 
possessing no lawful authority and weak in numbers, can only be explained by those 
who prefer a reign of terror to the reign of wise, merciful, and equal laws. 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 155 

To the reviewing authority it is evident there can be no hope of peace for the Fili- 
pino people, nor security for their lives and property until they shall learn to unite 
together against all bands of murderers and assassins, under whatever name they 
may assume, and come to the assistance of the officers of the law in their determina- 
tion to bring them all to justice. 

As no language can adequately portray the wanton cruelties of all these accused, 
their sentences, aj)proved by the department commander, are confirmed, and will 
be duly executed upon Mariano Aragon, Prudencio Llanes, Nicasio Llanes, Mamerto 
Llanes, Tomas Asinan, Fermin Cortes, Castor Alcausen, and Placido Quiton at the 
pueblo of Caoayan, Province of Ilocos Sur, Luzon, P. I., on the seventeenth (17th) 
day of May, A. D., 1901, under the direction of the commanding general. Depart- 
ment of Northern Luzon. 

The Presidio de Manila is designated as the place of confinement of Laureano 
Querubin and Catalino Xatividad, to which place they will be sent under proper 
guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barky, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquartees Division of the Philippines, 

Manila, P. I., April 29, 1901. 
General Orders, No. 84. 

Before a military commission which convened at Naga, Island of Cebu, P. I., pur- 
suant to paragraph 5, Special Orders, No. 142, Headquarters Department of the 
Yisayas, September 12, 1900, and of which Major John G. Leefe, 19th U. S. Infantry, 
was president, and Captain Edward A. Stewart, adjutant, 44th Infantry, M. S. Vol- 
unteers, was judge-advocate, was arraigned and tried: Leoncio Adlauan, native. 

Charge I. —"Assault and battery with intent to kill." 

Specification. — "In that on or about the 5th day of November, A. D. 1899, then, as 
now, a time of insurrection, at or near the barrio of Tuluyan, in the pueblo of Naga, 
in the Island of Cebu, P. I., a place then, as now, a part of the territory of the 
United States and under its military government, one Leoncio Adlauan, a native 
resident of the said Philippine Islands, did assault one Teodoro Laput, a civilian, 
resident of the said barrio of Tuluyan, by then and there cutting and wounding 
him, the said Teodoro Laput, on the shoulder, with a bolo held in the hands of the 
said Leoncio Adlauan, with intent then and there, feloniously, willfully, and with 
malice aforethought, to kill and murder the said Teodoro Laput." 

CharCtE II. — "Arson." 

Specification. — "In that on or about the 5th day of November, A. D. 1899, then, 
as now, a time of insurrection, at or near the barrio of Tuluyan, in the pueblo of 
Naga, in the Island of Cebu, P. I., one Leoncio Adlauan, a native resident of the 
said Philippine Islands, did willfully, maliciously, and feloniously set fire to and 
burn the dwelling house of one Patruciana Yillareal." 

Charge III. — "Murder." 

Specification. — "In that on or about the 5th day of August, A. D. 1900, then, as 
now, a time of insurrection, on or near the road leading from Naga to Cebu, P. L, 
near the junction thereof with the road to Talisay, about one and one-half miles from 
the pueblo of Minglanilla, in the Island of Cebu, P. I., a place then, as now, a part of 
the territory of the Ignited States and under its military government, one Leoncio 
Adlauan, a native resident of the said Philippine Islands, did willfully, feloniously, 
and with malice aforethought kill and murder one Florentino Alpanta, a native, by 
then and there inflicting various and divers mortal woimds upon the head and throat 
of the said Florentino Alpanta, with a sharp instrument commonly called a bolo, 
held in the hands of the said Leoncio Adlauan, from which mortal wounds, so 
inflicted as aforesaid, the said Florentino Alpanta then and there died, on or about 
the said 5th dav of August, A. D. 1900. 

Plea.— "Not guilty." 

Finding. — Of the first charge and its specification, "not guilty;" of the second 
charge and its specification, "notguiltv;" of the third charge and its specification, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Leoncio Adlauan, a 
native, "To be hanged by the neck until he be dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Leoncio Adlauan, native, the sentence, approved by the 



156 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Department Commander, is confirmed, but is commuted to confinement at hard 
labor for the period of twenty (20) years. 

As thus commuted the sentence will be duly executed. The Presidio de Manila 
is designated as the place of confinement, to which place the prisoner will be sent 
under proper guard. 

By command of ^lajor-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippixes, 

Manila, P. I., April 29, 1901. 
General Orders, Xo. 85. 

Before a military commission which convened at Capiz, Island of Panay, P. I., pur- 
suant to paragraph 4, Special Orders, Xo. 229, Headquarters Department of the Visa- 
yas, December 19, 1900, and of which Cai)t. David C. Shanks, 18th U. S. Infantry, 
was president, and 2d Lieutenant Charles D. Herron, 18th U. S. Infantry, was judge- 
advocate, were arraigned and tried : 

Gregorio Degala, Bonificio Deseo, and Doroteo Degala, natives. 

Charge I. — "Burglary." 

Specification. — "In that on or about the 8th day of August, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Pontevedra, Island of Panay, 
P. I., a place then, as now, under the military government of the United States, 
Gregorio Degala, Bonificio Deseo, and Doroteo Degala, natives, in company of and 
members of a band of armed outlaws to the number of nineteen (19), more or less, 
did willfully, feloniously, and burglariously break into and enter the clwelling house 
of one Alipio Delfin, a native, with intent then and there to commit a felony, to-wit: 
robberv." 

Charge IL— "Robbery." 

Specification.— "In that on or about the 8th day of August, A. D. 1900, then, as 
now, a time of insurrection, at or near the pueblo of Pontevedra, Island of Panay, 
P. I., a place then, as now, under the military government of the United States, 
Gregorio Degala, Bonificio Deseo, and Doroteo Degala, natives, in company of and 
members of a band of armed outlaws to the number of nineteen ( 19 ) , more or less, 
did willfully, feloniously and forcibly take, steal and carry av\-ay from the house of 
one Alipio Delfin, clothing, jewelry, palay and fifty (850.00) dollars, more or less, in 
cash, and the total value of the articles so stolen as aforesaid amounting to two hun- 
dred (S200.00) dollars, more or less, and the property of the said Alipio Delfin, with 
intent then and there to appropriate the same to their own and to the use and benefit 
of the members of the said band of armed outlaws." 

Charge III. — "Assault and battery with intent to commit rape." 

Specification 1. — "In that at or near 11 o'clock p. m. on or about the 8th day of 
August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of 
Pontevedra, Island of Panay, P. I., a place then, as now, under the military govern- 
ment of the United States, Gregorio Degala, Bonificio i)eseo and Doroteo Degala, 
natives, in company of and members of a band of armed outlaws to the number of 
19, more or less, did, by force and arms, to-wit: with guns, pistols, spears and bolos, 
held in the hands of the members of the said band of armed outlaws, compel Alipio 
Delfin, Ysodoro Bacacandolo, Candida Delapo and Baciha Damiras, the occupants of 
the house of the said Ahpio Delfin, to come down out of the said house and did then 
and there bind and tie each and all of the said occupants of the house, and did then 
and there feloniously assault with intent to ravish and carnally know the said Can- 
dida Delapo, by force and violence and against her will." 

Specification 2. — "In that at or near 11 o'clock p. m. on or about the 8th day of 
August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of 
Pontevedra, Island of Panay, P. L, a place then, as now, under the military govern- 
ment of the United States, Gregorio Degala, Bonificio Deseo and Doroteo Degala, 
natives, in company of and members of a band of armed outlaws to the number of 
19, more or less, did, by force and arms, to-wit: with guns, pistols, spears and bolos, 
held in the hands of members of the said band of armed outlaws, compel Alipio 
Delfin, Ysodoro Bacacandolo, Candida Delapo and Bacilia Damiras, the occupants of 
the house of the said Alipio Delfin. to come down out of the said house, and did then 
and there bind and tie each and all of the said occupants of the said h(nise, and did 
then and there feloniously assault with intent to ravish and carnally know the said 
Bacilia, by force and violence, and against her will." 



CHARaES OF CRUELTY, ETC., TO FILIPINOS. 157 

Charge IV.— -'Rape." 

ISpecification 1. — ''In that at or near 11 o'clock p. m., on or about the 8th day of 
August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of 
Pontevedra, island of Panay, P. I., a place then, as now, under the military govern- 
ment of the United States, Gregorio Degala, Boniticio Deseo, and Doroteo Degala, 
natives, in company of, and members of a band of armed outlaws, to the number of 
19, more or less, having b}^ force and arms, to wit, with gmis, pistols, spears, and 
bolos, held in the hands of members of the said band of armed outlaws, compelled 
Candida Delapo, a native v\'oman and occupant of the house of Alipio Delfin, to come 
down out of the said house, and having then and there bound and tied the said Can- 
dida Delapo, did then and there feloniously assault, and by force and violence and 
against her will, ravish and carnally know the said Candida Delapo." 

Specification 2. — "In that at or near 11 o'clock p. m., on or about the 8th day of 
August, A. D. 1900, then, as now, a time of insurrection, at or near the pueblo of 
Pontevedra, island of Panay, P. I., a place then, as now, under the military govern- 
ment of the United States, Gregorio Degala, Boniticio Deseo, and Doroteo Degala, 
natives, in company of, and members of a band of armed outlaws, to the number of 
19, more or less, having by force and arms, to wit, with guns, pistols, spears, and 
bolos, held in the hands of members of the said band of armed outlaws, compelled 
Bacilia Damiras, a native woman and occupant of the house of Alipio Delfin, to come 
down and out of the said house, and having then and there bound and tied the said 
Bacilia Damiras, did then and there feloniously assault, and by force and violence 
and against her vv-ill, ravish and carnally know the said Bacilia Damiras." 

Pleas. — " Not guilty. ' ' 

Findings. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" 
of the specification, second charge, "guilty;" of the second charge, "guilty;" of the 
first specification, third charge, "not guilty;" of the second specification, third 
charge, Doroteo Degala and Bonificio Deseo, "guilty," Gregorio Degala, "not 
guilty;" of the third charge, Doroteo Degala and Bonificio Deseo, "guilty," Gregorio 
Degala, "not guilty;" of the first specification, fourth charge, "not guilty;" of the 
second specification, fourth charge, Doroteo Degala and Bonificio Deseo, "guilty," 
Gregorio Degala, "not guilty;" of the fourth charge, Doroteo Degala and Bonificio 
Deseo, "guilty," Gregorio Degala, "not guilty." 

Sentence. — And the commission does therefore sentence them, Bonificio Deseo 
and Doroteo Degala, natives, " To be confined at hard labor, at such place as the 
reviewing authority may direct, for twenty (20) years." 

And the commission does therefore sentence him, Gregorio Degala, native, "To be 
confined at hard labor for ten (10) years, at such place as the reviewing authority 
may direct." 

In the foregoing case of Gregorio Degala, Bonificio Deseo, and Doroteo Degala, 
natives, who were jointly tried, it appears from the evidence that these accused 
belonged to an armed band of robbers that forced an entrance into and robbed the 
house of Alipio Delfin, taking therefrom money, jewelry, and other valuables, forced 
the inmates to come out and down from the house, bound and maltreated the men, 
and brutally assaulted the women. 

With the exception of the finding upon the fourth charge, and the second specifi- 
cation thereunder, which he has disapproved, the department commander has 
approved the findings and sentences. 

The sentences are confirmed and will be duly executed. The Presidio de Manila 
is designated as the place of confinement, to which the prisoners will be sent under 
proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
' Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, April 29, 1901. 
General Orders, No. 86. 

Before a military commission which convened at Vigan, province of Ilocos Sur, 
Luzon, P. I., pursuant to jiaragraph 6, Special Orders, No. 9, Headquarters Depart- 
ment of Northern Luzon, January 10, 1901, and of which Lieut. Col. Robert L. Howze, 
Thirty-fourth Infantry, United States Volunteers, was president, and First Lieut. 
Harold P. Howard, Third United States Cavalry, was judge-advocate, was arraigned 
and tried Anselmo Morales, native. 



158 CHAEGES OF CKUELTY, ETC., TO FILIPINOS. 

Chaege I. — "Murder," 

Specification 1. — "In that Anselmo Morales, native, in company of and consorting 
with armed outlaws to the number of four, more or less, did feloniously and with 
malice aforethought kill and murder Benedicto Foronda, a native, by shooting him, 
the said Foronda, with a rifle held in the hands of the said Anselmo Morales, inflicting 
wounds therewith whereof he, the said Benedicto Foronda, then and there died. 
This in time of insurrection, on or about May 18, 1900, at the barrio of Soso, pueblo 
of Santa ]Maria, province of Ilocos Sur, P. I., a place then, as now, in the theater of 
military operations." 

Specification 2. — "In that Anselmo Morales, native, in company of and consorting 
with armed outlaws to the number of four, more or less, did feloniously and with 
malice aforethought kill and murder one Anacleto Daiio, a native, by cutting and 
stabbing him, the said Anacleto Dano, with weapons commonly called bolos, held in 
the hands of the said Anselmo Morales, inflicting wounds therewith whereof the said 
Anacleto Daiio then and there died. This in time of insurrection, on or about May 
18, 1900, at the barrio of Soso, pueblo of Santa Maria, province of Ilocos Sur, P. I., 
a i^lace then, as now, in the theater of military operations." 

Specification 3. — "In that Anselmo Morales, native, in company of and consorting 
with armed outlaws to the number of four, more or less, did feloniously and with 
malice aforethought kill and murder Timotea Fernando, a native, by shooting her, 
the said Timotea Fernando, with a rifle held in the hands of said Anselmo Morales, 
inflicting wounds therewith whereof the said Timotea Fernando then and there 
died. This in time of insurrection, on or about May 18, 1900, at the barrio of Soso, 
pueblo of Santa Maria, province of Ilocos Sur, P. I., a place then, as now, in the 
theater of military operations." 

Charge II. — "Abduction." 

Specification. — "In that he, Anselmo Morales, in company of and consorting with 
Segundo Arcella, a scout in the service of the United States, and armed outlaws to 
the number of four, more or less, did unlawfully, forcibly, and feloniously seize and 
abduct Elena Vergara, a native, from her house, the said Elena Vergara being at the 
time a lawful resident of the town of San Esteban, province of Ilocos Sur, P. I. This 
at San Esteban, province of Ilocos Sur, P. I., a place then, as now, within the theater 
of military operations, on or about June 6, 1900, a time of insurrection." 

Charge III. — "Keceiving stolen property." 

Specification. — "In that Anselmo Morales, native, did receive and retain in his 
possession until required to surrender it, one Krag-Jorgensen carbine, calibre .30, the 
property of the United Sates, the said carbine having been stolen from the quarters 
of the United States forces occupying the town of Santa Maria, Ilocos Sur, P. I. This 
at the barrio of Danoman, pueblo of Santa Maria, province of Ilocos Sur, P. I., a 
place then, as no^y, within the theater of military operations, on or about June 15, 
1900, a time of insurrection." 

Charge IV. — " Having firearms in possession." 

Specification. — " In that Anselmo Morales, native, did have in his possession and 
keep until required to surrender same, one (1) Krag-Jorgensen carbine, caliber .30, 
and one (1) Kemington rifle. This in time of insurrection, on or about June 15, 
1900, at or near the barrio of Danoman, Pueblo of Santa Maria, Province of Ilocos 
Sur, P. I., a place then, as now, in the theater of military operations. 

Plea. — To the first charge and its specifications, " not guilty;" to the second charge 
and its specification, "not guilty;" to the third charge and its specification, 
"guilty;" to the fourth charge and its specification, "guilty." 

Finding. — "Guilty." 

Sentence. — And the commission does therefore sentence him, Anselmo Morales, 
native, "To be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Anselmo Morales, native, it appears that the accused was 
the leader of a small band of men armed with bolos and two rifles, one of which was 
carried by the accused. That he had made a requisition or demand of chickens, 
rice, and other supplies for his band upon the barrio of Soso, which, being refused, 
he later, with his followers, entered the place and killed two men and one woman, 
and that he then and there proclaimed his reason for murdering them to be the 
refusal of the people of the barrio to obey his orders and provide him with supplies. 
When captured, and on subsequent occasions, the accused freely admitted this to be 
true, and that the murders were committed in compliance with the orders of his 
insurgent superior officer. Eyewitnesses of the murder confirm his admissions. As 
it does not appear that he could not have secured the supplies he unlawfully 
demanded without resort to taking the lives of his law-abiding neighbors, some of 
whom were also, doubtless, blameless of even refusing his unlawful demands, there 



CHARGES OB^ CRUELTY, ETC., TO FILIPINOS. 159 

is no escape from the conclusion that he acted more from vindictive and maUcious 
motives than a behef, however mistaken, of justifiable necessity. 

It also appears that he was an active participant in the abduction of a woman, and 
was found with firearms in his possession. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the pueblo of Santa Maria, province of Ilocos Sur, Luzon, P. I., on 
the twenty-fourth (24th) day of May, A. D. 1901, under the direction of the com- 
manding general, Department of Northern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Baeey, 
Brigadier- Genera], U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., April, 29, 1901. 
General Orders, No. 87. 

Before a military commission which convened at Manila, Luzon, P. I., pursuant 
to paragraph 8, Special Orders, No. 199, Headquarters Department of Southern Luzon, 
October 31, 1900, and of which Lieutenant-Colonel Edward M. Hayes, 4th L^. S. 
Cavalry, was president, and Captain Lutz Wahl, 21st IT. S. Infantry, was judge- 
advocate, was arraigned and tried, Felix Medina, native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that he, Felix Medina, in company with several others, all 
soldiers of Captain Cornellio Felisado, did feloniously, and with malice aforethought, 
murder and kill one Severino de Guia, vice-presidente of Bacoor, by shooting him, 
the said Severino de Guia, with a rifle held in the hands of and aimed by said 
Felix Medina, causing wounds whereof he, the said Saverino de Guia, then and there 
died. This at San Nicolas, Cavite Province, Island of Luzon, P. I. , on or about June 
11, 1900, a time then as now of insurrection, and a place then as now under the 
militarv government of the L^nited States." 

Plea.— "Not guihy." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Felix Medina, 
native, "to be hung by the neck until dead, at such time and place as the reviewing 
authority may designate, two-thirds of the commission concurring therein. ' ' 

In the foregoing case of Felix Medina, it appears that the accused was one of a 
band of armed insurgents who entered within the lines of the United States forces at 
San Nicolas, Cavite Pi-ovince, and lay in ambush for the approach of Severino de Guia, 
vice-presidente of Bacoor, who was returning in a carromata with his two young 
sons from the fiesta of San Nicolas. On the approach of the carromata, accused and 
his companions sprang out, struck the coachman senseless, and led off as prisoner 
Severino de Guia, followed by the two lads. Arriving at the barrio of Pomplona, 
Las Pinas, the accused, who was one of two leaders, from a distance of about two 
paces, opened fire and shot deceased in the presence of his children, who were stand- 
ing in his immediate proximity. The body was then flung into a pile of rocks and 
the murderers moved off. 

The accused appears as a directing and willing participant in this assassination, 
done in needless and heartless violation of the laws of war. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the city of Manila, province of Manila, Island of Luzon, Philippine 
Islands, on the seventeenth (17th) day of May, A. D. 1901, under the direction of the 
provost-marshal-general, ^Manila. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., May 1, 1901. 
General Orders, No. 88. 

Before a military commission which convened at Urdaneta. ]")rovince of Pangasinan, 
Luzon, P. I., pursuant' to paragraph 3, Special Orders, No. 220. Headquarters Dejiart- 
ment of Northern Luzon, December 8, 1900, and of which ^Major Joseph "\V, Duncan, 
13th V . S. Infantry, was president, and 1st Lieutenant Harvey W. Miller, 13th V. S. 
Infantry, was judge-advocate, were arrainged and tried: 



160 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Gregorio Claveria, Antonio Valdez, Pablo Lorenzo, Alejandro Tavilin, Cornelio 
Estanoco, Juan Lusano, Andres Andrada, Santiago Andrada, Lazaro Lachica, Elias 
Castro, Jorge Antonio, ^^icolas Morales, Agustine Morales, Xieolas Padilla, Jose 
Ramos, Cornelio Esmiralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teo- 
dorico Catungal, Marcos ]\Iortera, Juan Andrada, Alejo Andrada, and Torquato 
Abinojar, natives. 

Charge L — " Kidnapping," 

Spec [ticat ion. — "In that they, Gregorio Claveria, Antonio Yaldez, Pablo Lorenzo, 
Alejandro Tavilin, Cornelio Estanoco, Juan Lusano, Andres Andrada, Santiago 
Andrada, Lazaro Lachica, Elias Castro, Jorge Antonio, Nicolas Morales, Agustine 
Morales, Nicolas Padilla, Jose Ramos, Cornelio Esmiralda, Gregorio Orap, Cosme 
Evangelista, Tomas Bascos, Teodorico Catungal, Marcos Mortera, Juan Andrada, Alejo 
Andrada, and Torquato Abinojar, natives, and each of them, in company of, and 
consorting with, a band of outlaws, armed with revolvers, rifles, and bolos', twenty- 
five, more or less, in number, did feloniously and forcibly seize and carry away from 
their homes against their wills, and against the will of each of them, the following 
persons, to- wit: Castor Costodio, Miguel Ellazar, Sinforozo Parocha, Antonio Per- 
jillana, Hilario Llones, Miguel Campos, Agustine Campos, Eugenio Campos, and 
Bartolome Sibayan. This on or about the 14th day of December, 1899, a time, then, 
as now, of insurrection against the L^'nited States Government, at or near the barrio 
of Casantalucian, pueblo of Urdaneta, province of Paugasinan, Luzon, P. L, a place 
then, as now, under the military authority of the United States, and in territory 
occupied by the L'nited States troops." 

Charge XL — "Murder." 

Spenfiation. — "In that they, Gregorio Claveria, Antonio Valdez, Pablo Lorenzo, 
Alejandro Tavilin, Cornelio Estanoco, Juan Lusano, Andres Andrada, Santiago 
Andrada, Lazaro Lachica, Elias Castro, Jorge Antonio, Nicolas Morales, Agustine 
Morales, Nicolas Padilla, Jose Ramos, Cornelio Esmiralda, Gregorio Orap, Cosme 
Evangelista, Tomas Bascos, Teodorico Catungal, Marcos Mortera, Juan Andrada, Alejo 
Andrada, and Torquato Abinojar, natives, and each of them, in company of, and 
consorting with, a band of outlaws, armed with revolvers, rifles, and bolos, twenty- 
five, more or less, in number, did willfully, feloniously, and with malice aforethought, 
kill and murder Castor Costodio, Miguel Ellazar, Sinforozo Parocha, Antonio Per- 
jillana, Hilario Llones, Miguel Campos, and Agustine Campos, natives, by cutting 
and stabbing them, the said Costodio, Ellazar, Parocha, Perjillana, Llones, Miguel 
Campos, and Agustine Campos, with bolos held in the hands of the said Claveria, 
Yaldez, Lorenzo, Tavilin, Estanoco, Lusano, Andres Andrada, Santiago Andrada, 
Lachica, Castro, Antonio, Nicolas Morales, Agustine Morales, Nicolas Padilla, Ramos, 
Esmiralda, Orap, Cosme Evangelista, Bascos, Catungal, Mortera, Juan Andrada, 
Alejo Andrada, and Abinojar, and in the hands of said outlaws and each of them, 
inflicting wounds therewith whereof they, the said Costodio, Ellazar, Parocha, Per- 
jillana, Llones, Miguel Campos, and Agustine Campos, then and their died. This 
on or about the 14th day of December, 1899, a time then, as now, of insurrection 
against the L'nited States, at or near the poblacion of the pueblo of Cabaruan, prov- 
ince of Pangasinan, Luzon, P. I., a place then, as now, under the military authority 
of the L'nited States, and in territorv occupied by the United States troops. 

Pleas.— "Not guilty." 

FixDixGS. — " Guilty. ' ' 

Sentexce. — And the commission does therefore sentence them, Gregorio Claveria, 
Antonio Valdez, Pablo Lorenzo, and Alejandro Tavilin, natives, and each of them, 
"to be hung by the neck until they are dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring therein. ' ' 

And the commission does therefore sentence them, Andres Andrada, Lazaro Lachica, 
Jorge Antonio, Nicolas Padilla, Jose Ramos, Alejo Andrada, and Torquato Abinojar, 
natives, and each of them, " to be confined at hard labor, at such place as the review- 
ing authority may direct for the period of their natural lives." 

And the commission does therefore sentence them, Cornelio Estanoco, Juan Lusano, 
Santiago Andrada, Elias Castro, Nicolas Morales, Agustine Morales, Cornelio Esmi- 
ralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teodorico Catungal, Marcos 
Mortera, and Juan Andrada, natives, and each of them, "to be confined at hard 
labor, at such place as the reviewing authoritv mav direct, for the period of twenty 
(20) years. 

In the foregoing case it appears that the accused, Gregoria Claveria, presidente of 
the pueblo of Cabaruan, proceeded with an armed band of twenty-five men, of which 
Antonio Valdez was a leader and Pablo Lorenzo, Alejandro Tavilin, Cornelio Esta- 
noco, Juan Lusano, Andres Andrada, Santiago Andrado, Lazaro Lachica, Elias Castro, 
Jorge Antonio, Nicolas Morales, Agustine Morales, Nicolas Padilla, Jose Ramos, Cor- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 161 

nelio Esmiralda, Gregorio Orap, Cosme Evangelista, Tomas Bascos, Teodorico Catun- 
gal, Marcos Mortera, Juan Andrada, Alejo Andrada, and Torquato Abinojar, willing 
members, to the barrio of Casantulacian, seized and bound nine of its inhabitants 
and conducted them, by force and blows from the butts of rifles, to the presidencia of 
Cabaruan. There they all drank freely of vino, the prisoners being made drunk. 
The accused, Gregario Claveria, then ordered them to be rebound and taken away, 
and he and all of the other accused led seven of their captives off in the direction of 
a grove of trees, a few hundred yards distance, where, two days later, the beheaded 
bodies of all seven were discovered, lying on the ground, in a state of putrefaction. 
Two of the original nine prisoners succeeded in concealing themselves in the presi- 
dencia, thus escaped, and were witnesses for the prosecution. Other eye-witnesses 
of the kidnapping fully identify all of the accused as perpetrators of the crime, and 
no reasonable doubt of their guilt arises from the record. The motive of the killing 
was a reluctance on the part of the victims to pay contributions to accused, Gregorio 
Claveria, or to move into and live within his jurisdiction. 

The sentences, approved by the department commander, are confirmed, but, as 
recommended by him, are, in the cases of Pablo Lorenzo and Alejandro Tavilin, com- 
muted to confinement at hard labor for the period of twenty (20) years. In the 
cases of Andres Andrada, Lazaro Lachica, Jorge Antonio, Nicolas Padilla, Jose Ramos, 
Alejo Andrada, and Torquato Abinojar, their sentences are mitigated to confinement 
at hard labor for the period of twenty (20) years, and the sentences in the cases of 
Cornelio Estanoco, Juan Lusano, Santiago Andrada, Elias Castro, Nicolas Morales, 
Agustine Morales, Cornelio Esmiralda, Gregorio Orap, Cosme Evangelista, Tomas 
Bascos, Teodorico Catungal, Marcos Mortera, and Juan Andrada, are mitigated to 
confinement at hard labor for the term of fifteen (15) years. 

The sentences against these accused, as commuted and mitigated, will be duly 
executed at the Presidio de Manila, to which place they will be sent under proper 
guard. 

The sentences against Gregoria Claveria and Antonio Valdez will be duly executed 
at the pueblo of Urdaneta, province of Pangasinan, Luzon, P. I., on the seventeenth 
(17th) day of May, A. D. 1901, under the direction of the commanding general, 
Department of Northern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Baery, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Divison of the Philippines, 

Manila, P. I., May 9, 1901. 
General Orders,'' No. 92. 

Before a military commission which convened at the pueblo of San Fernando, 
Province of Pampanga, Luzon, P. L, pursuant to paragraph 1, Special Orders, No. 
230, Headquarters Department of Northern Luzon, December 19, 1900, and of which 
Lieutenant Colonel Greenleaf A. Goodale, 3cl U. S. Infantry, was president, and Captain 
William R. Sample, adjutant, 3d U. S. Infantry, was judge-advocate, was arraigned and 
tried Domingo Bautista, native. 

Charge. — ' ' Murder. ' ' 

Specification. — " In that Domingo Bautista did, feloniously and with malice afore- 
thought, participate in the killing and murdering of Dalmacio Sicat, a peaceful native, 
by assisting in the burial alive of said Sicat. This between October 31 and December 
31, 1900, in barrio San Isidro, Bacolor, Province of Pampanga, Island of Luzon, within 
a district then, as now, in insurrection against the United States." 

Plea. — To the specification, "guilty, except the words ' feloniously and with malice 
aforethought,' and of the excepted words not guilty." To the charge, "not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Domingo Bautista, 
native, "To be confined at hard labor, at such place as the reviewing authority may 
direct, for the remainder of his natural life." 

In the foregoing case of Domingo Bautista, native, it appears that the accused 
belonged to a small band of men whose leader, Eusebio Rojas, has paid the penalty 
of death for this and other crimes of which he was the chief actor and instigator. 
The accused, while confessing his part in the burial alive of a law-abiding man, 
pleaded the compulsion exercised over him by the said Rojas. But he was armed, 
and acted too well the part of a willing agent in this fearful crime to give weight to 
his defense. 

S. Doc. 205, pt 2—11 



162 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed. The Presidio de ]\Ianila is designated as the place of confinement, 
to which the prisoner will be sent under proper guard. 
By command of Major-General MacArthur: 

Thomas H. Barey, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., May 9, 1901. 
General Orders, No. 93. 

Before a military commission which convened at the pueblo of Eomblon, Island 
of Romblon, P. I., pursuant to paragraph 1, Special Orders, No. 39, Headquarters 
Department of Southern Luzon, February 8, 1901, and of which Captain Edmund 
K. Webster, 2d U. S. Infantry, was president, and 1st Lieutenant Frank H. Whit- 
man, 2d U. S. Infantry, was judge-advocate, was arraigned and tried Pedro Recto, 
native. 

Charge, — "Murder." 

Specification 1. — "In that Pedro Recto, native, did, on or about the 9th day of 
July, 1899, then, as now, a time of insurrection, at or near Magallanes, Island of 
Sebryan, district of Romblon, P. I., a place then, as now, under the military gov- 
ernment of the United States, willfully, feloniously, and with malice aforethought, 
kill and murder one Cahstro Rosi, a native citizen, by stabbing, cutting, and beat- 
ing him, the said Calistro Rosi, with a bolo held in the hands of said Pedro Recto, 
thereby inflicting upon the person of the said Calistro Rosi wounds whereof he, the 
said Calistro Rosi, then and there died. This at or near the place and on or about 
the date above specified." 

Specifiation 2. — "In that Pedro Recto, native, did, on or about the 9th day of July, 
1899, tiaen, as now, a time of insurrection, at or near Magallanes, Island of Sebryan, 
district of Romblon, P. L, a place then, as now^, under the military government of 
the United States, willfully, feloniously, and with malice aforethought, kill and 
murder one Anistasio Ropal, a native citizen, by stabbing, cutting, and beating him, 
the said Anistasio Ropal, with a bolo held in the hands of the said Pedro Recto, 
thereby inflicting upon the person of the said Anistasio Ropal wounds whereof he, 
the said Anistasio Ropal, then and there died. This at or near the place and on or 
about the date above specified." 

Plea.— "Not guilty." 

Finding. — Of the 1st specification, "guilty, except the words 'stabbing and beat- 
ing,' and of the excepted words, not guilty." Of the 2d specification, "guilty, 
except the words 'stabbing and beating,' and of the excepted words, not guilty." Of 
the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Pedro Recto, native, 
"To be confined at hard labor, at such place as the reviewing authority may direct, 
lor the remainder of his natural life. ' ' 

In the foregoing case of Pedro Recto, native, it appears from the evidence that the 
accused was drinking vino with a friend ; that his friend became helplessly drunk, 
and while in this condition the accused, with his bolo, struck him twice ; that the 
wounded man made outcry, and a neighbor, coming to ascertain the cause, was met 
by the accused, who assailed him with his bolo, cutting off a hand and inflicting a 
fatal wound on the head. 

No motive appears for the murder of these two unoffending men other than an 
apparent drunken recklessness and bravado on the part of the accused. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed. The Presidio de Manila is designated as the place of confinement, 
to which the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines. 

Manila, P. I., May 21, 1901. 
General Orders, No. 99. 

Before a military commission which convened at the pueblo of Bautista, Province 
of Pangasinan, Luzon, P. L, pursuant to paragraph 10, Special Orders, No. 34, Head- 
quarters Department of Northern Luzon, February 5, 1901, and of which Captain 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 163 

Harry C. Benson, 4th U. S. Cavalry, was president, and 2d Lieutenant Sylvester 
Bonnaffon, 13th U. S. Infantry, was judge-advocate, was arraigned and tried Eugenic 
Inasuria, native. 

Charge. — ' ' Murder. ' ' 

Secification. — "In that Eugenio Inasuria, native, in company of, and consorting 
with, a band of ladrones armed with rifles and bolos, did willfully, feloniously, and 
with malice aforethought, murder and kill Emilio Bulatoa and Juan de Vera, natives, 
by shooting them and by cutting them, the above-named natives, w^ith said rifles and 
bolos held in the hands of members of said band of ladrones, inflicting wounds there- 
with whereof they, the said Bulatoa and de Vera, then and there died. This on or 
about November 80, 1899, a time, then, as now, of insurrection, at or near Malasiqui 
Pangasinan, Luzon, P. I., a place, then, as now, under military government of the 
United States." 

Plea. — "Not guiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Eugenio Inasuria, 
native: "To be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Eugenio Inasuria, native, the accused was one of six armed 
men who, in the day time, seized two men in a house, dragged them therefrom and, 
after securing such valuables as they could find, took their victims into the fields and, 
with rifles and war bolos, killed them. 

The accused, on the witness stand, admitted that the band killed the deceased, but 
claimed he was present through fear of one of their number. But there is no evi- 
dence that he was compelled, through danger to his own life, to be present, or that 
he is entitled to any more consideration than is due all other men who band them- 
selves together wdth the intent to commit robbery and murder. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the period of his natural life. As thus miti- 
gated, the sentence will be duly executed at the Presidio de Manila, to which place 
the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Baeey, 
Brigadier- General, U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. I., May 21, 1901. 
General Orders, No. 100. 

Before a military commission which convened at the pueblo of Binaloman, Prov- 
ince of Pangasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, 
Headquarters Department Northern Luzon, June 25,1900, and of which Maj. Joseph 
W. Duncan, 13th U. S. Infantry, w"as president, and 1st Lieut. Harvey W. Miller, 
13th U. S. Infantry, was judge-advocate, were arraigned and tried: Feliciano Cariaga 
and Vinancio Cariaga, natives. 

Charge. — " Murder. ' ' 

Specification. — In that Feliciano Cariaga and Vinancio Cariaga, natives, and each 
of them, in company of, and consorting with, armed outlaws to the number of ten, 
more or less, did willfully, feloniously and with malice aforethought, murder and 
kill Mariano Andres by stabbing and cutting him, the said Andres, with bolos, held 
in the hands of the said Feliciano Cariaga and Vinancio Cariaga, and of the said out- 
laws, inflicting wounds therewith whereof the said Andres then and there died. 
This in time, then, as now of insurrection against the United States, on or about 
May 5, 1899, in or about Asingan, Province of Pangasinan, a place then, as now, in 
the theater of military operations by United States troops." 

Pleas.— "Not guilty." 

Findings.— " Guilty. " 

Sentence. — And the commission does therefore sentence them, Feliciano Cariaga 
and Vinancio Cariaga, natives, and each of them: " To be hung by the neck until 
dead, at such time and place as the reviewing authority may direct, two- thirds of 
the members concurring therein." 

In the foregoing case of Feliciano Cariaga and Vinancios Cariaga, natives, who were 
jointly tried, it appears from the testimony that these accused called deceased out of 
his house and then set upon and hacked him to death with their bolos, in the 
presence of his wife and daughter ; that the motive of the crime was the information 



164 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

given by deceased against the accused, of stealing, killing, and appropriating to their 
use, a cow. 

It further appears that the wiie made immediate complaint of the crime to the 
presidente, that her testimony and that of her daughter was taken, but was con- 
strued as offset ])y the testimonj^ of the wives of the accused, who maintained the 
innocence of their husbands, and they were accordingly, not brought to trial but set 
at liberty. Before the military commission the wife and daughter related the story 
of the crime, which is corroborated by evidence of the death by violence of the 
deceased at the time and place as charged. 

The accused made no defense, but relied upon the fiction of a former trial, which, 
in fact, was never had. 

There being no reasonable doubt of their guilt, the sentence, approved by the 
department commander is confirmed. The sentence is, however, commuted to con- 
finement at hard labor for the period of their natural lives, and, as thus mitigated, 
will be duly executed. 

The Presidio de Manila is designated as the place of confinement, to which the 
prisoners will be sent under proper guard. 

By command of Major-General Mc Arthur: 

Thomas H, Barry, 
Brigadier- General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., May 22, 1901. 
General Orders, No. 103. 

Before a military commission which convened at the pueblo of Nueva Caceres, 
Province of Camarines Sur, Luzon, P. L, pursuant to paragraph 8, Special Orders, 
No. 8, Headquarters Department of Southern Luzon, January 8, 1901, and of which 
Lieutenant-Colonel Almond B. Wells, 9th U. S. Cavalry, was president, and First 
Lieutenant James A. Ryan, 9th U. S. Cavalry, was judge-advocate, were arraigned 
and tried : 

Rufino Zamudio, Gilio Alicante, Isidro de las Llagas, Higino Agabo, Tranquilino 
Santiago, Nicolas San Buenaventura, and Pedro San Juan, natives. 

Charge I. — "Abduction." 

Specification 1. — ''In that they, Pufino Zamudio, Gilio Alcante, Isidro de las Llagas, 
Nicolas San Buenaventura, and Pedro San Juan, natives and residents of the Province 
of Camarines, Luzon, P. I., on or about the 7th day of April, 1900, then, as now, a 
time of insurrection, at or near the barrio of Cabusao, jurisdiction of Libmanan, 
Province of Camarines, Luzon, P. L, a place now^ as then, under the military author- 
ity of the United States, in company of, and consorting with, a band of outlaws armed 
with swords, bolos, and clubs, number aud names unknown, did forcibly seize and 
carry away, against her will and consent, the person of Manuela Passion. This at 
the place and time above specified. 

Specification 2. — "In that they, Rufino Zamudio, Isidro de las Llagas, Higino 
Agabo, Tranquilino Santiago, Nicolas San Buenaventura, and Pedro San Juan, natives 
and residents of the Pro^ince of Camarines, Luzon, P. I., on or about the 7th day of 
April, 1900, then, as now, a time of insurrection, at or near the barrio of Cabusao, 
jurisdiction of Libmanan, Province of Camarines, Luzon, P. I., a place now, as then, 
under the military authority of the United States, in company of and consorting with, 
a band of outlaws armed with swords, bolos, and clubs, number and names unknown, 
did forcibly seize and carry away, against their will and consent, the following 
named persons: Pedro San Vicente, Euphemia San Vicente, Pedro Macauli, Eudu- 
viges Guerrera, Maria Guerrera, Valero Guerrera, ^Mariano Calbaltea, Maximo Gon- 
zales, Alejandro, surname unknown, and Aguilina, surname unknown. This at the 
place above specified." 

Charge 11. — "Assault with intent to kill. 

Specification. — "In that they, Rufino Zamudio, Isidro cle las Llagas, Higino Agabo, 
Tranquilino Santiago, Nicolas San Buenaventura, and Pedro San Juan, natives and 
residents of the Province of Camarines, Luzon, P. I., on or about the 7th day of 
April, 1900, then, as now, a time of insurrection, at or near the barrio of Cabusao, 
jurisdiction of Libmanan, Province of Camarines, Luzon, P. L, a place now, as then, 
under the military authority of the l^i^ited States, in company of, and consorting 
with, a band of outlaws armed with swords, bolos, and clubs, number and names 
unknown, did make, and cause to be made, a violent assault upon the persons of 
Euphemia San Vicente, Maria Guerrera, and Maximo Gonzales, by striking them and 
causing them to be struck by bolos or clubs or both, held in the hands of members 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 165 

of said band, inflicting therewith wounds upon the persons of the said Euphemia 
San Vicente, Maria Guerrera, and Maximo Gonzales, with intent, then and there, 
feloniously, wilfully, and with malace aforethought, to kill and murder the said 
Euphemia San Vicente, Maria Guerrera, and Maximo Gonzales. This at the time 
and place above specified." 

Charge III.—" Murder." 

Specification 1. — "In that they, Rufino Zamudio, Gilio Alicante, Isidro de las Llagas, 
Nicolas San Buenaventura, and Pedro San Juan, natives and residents of the Province 
of Camarines, Luzon, P. I., on or about the 7th day of April, 1900, then, as now, a 
time of insurrection, at or near the barrio of Cabusao, jurisdiction of Libmanan, 
Province of Camarines, Luzon, P. I., a place, now, as then, under the military 
authority of the United States, in company of, and consorting with, a band of out- 
laws armed with swords, bolos, and clubs, number and names unknown, did wilfully, 
feloniously, and with malice aforethought, kill and murder Manuela Passion by 
striking her, and causing her to be struck, by a bolo, held in the hands of members 
of said band, inflicting therewith wounds from which the said Manuela Passion, then 
and there, or shortly afterwards, died. This at the time and place above specified." 

Specifications. — "In that they, Rufino Zamudio, Isidro de las Llagas, Higino. 
Agabo, Tranquilino Santiago, Nicolas San Buenaventura and Pedro San Juan, natives 
and residents of the Province of Camarines, Luzon, P. I., on or about the 7th day of 
April, 1900, as now, a time of insurrection, at or near the barrio of Cabusao, juris- 
diction of Libmanan, Province of Camarines, Luzon, P. I., a place now, as then, 
under the military authority of the United States, in company of, and consorting 
with, a band of outlaws armed with swords, bolos, and clubs, number and names 
unknown, did willfully, feloniously, and with malice aforethought, kill and murder 
the following named persons: Pedro San Vicente, Pedro Macauli, Euduviges Guer- 
rera, Maria Guerrera, Valero Guerrera, Mariano Calbaltea, Alejandro, surname 
unknown, and Aguilina, surname unknown, by striking them and causing them to 
be struck by bolos and clubs, or both, held in the hands of members of said band, 
inflicting wounds therewith from which said Pedro San Vicente, Pedro jNIacauli, 
Euduviges Guerrera, Maria Guerrera, Valero Guerrera, ^Mariano Calbaltea, Alejandro, 
snrname unknown, and Aguilina, surname unknown, then and there, or shortly after- 
wards, died. This at the time and place above specified." 

Charge IV. — "Guerrilla warfare, in violation of the laws and usages of war." 

Specification. — "In that he, Eufino Zamudio, native, and chief of a band of outlaws 
to the number of twenty-five, more or less, armed with deadly weapons, to wit, 
swords, bolos, and clubs, on or about the 7th day of April, 1900, then, as now, a time 
of insurrection, at or near the barrio of Cabusao, pueblo of Libmanan, Camarines Sur, 
Island of Luzon, P. L, a place now, as then, under the military government of the 
L^nited States, did order, direct and cause the killing of certain peaceable natives, 
consisting of men, women and children, to the number of eleven persons, by the 
members of said band of outlaws, in violation of laws and usages of war. This at 
the time and place above specified." 

Pleas.— " Not guilty. " 

Findings. — Pufino Zamudio: Of the first specification, first charge, "guilty;" of 
the second specification, first charge, "guilty, except the words 'Pedro Macauli,' and 
of the excepted words, not guilty;" of the first charge, "guilty;" of the specifica- 
tion, second charge, "guilty;" of the second charge, "guilty;" of the first specifica- 
tion, third charge, "guilty;" of the second specification^ third charge, "guilty, 
except the words 'Pedro Macauli,' and of the excepted words, not guilty;" of the 
third charge, "guilty;" of the specification, fourth charge, "guilty;" of the fourth 
charge, "guilty." 

Isidro de las Llagas: Of the first specification, first charge, "guilty;" of the second 
specification, first charge, "guilty, except the words 'Pedro Macauli,' and of the 
excepted words, not guilty;" of the first charge, "guilty;" of the specification, sec- 
ond charge, "guilty;" of the second charge, "guilty-" of the first specification, 
third charge, "guilty;" of the second specification, third charge, "guilty, except the 
words 'Pedro Macauli,' and of the excepted words, not guiltv;" of the third charge, 
"guilty." > « . ' 

Higino Agabo: Of the second specification, first charge, "guilty, except the words 
'Pedro Macauli,' and of the excepted words, not guilty;" of the first charge, "guilty;" 
of the specification, second charge, "guilty;" of the 'second charge, "guilty;" of the 
second specification, third charge, "guiltv, except the words 'Pedro 31acauli,' and 
of the excepted words, not guilty;" of the third charge, "guilty." 

Gilio Alicante: Of the first specification, first charge^ "guilty;" of the firstcharge, 
"guilty;" of the first specification, third charge, "iiuiltv;" of the third charge, 
^'guilty." 



166 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

Nicolas San Buenaventura: Of the first specification, first charge, "guilty;" of 
the second specification, first charge, "guilty, except the words 'Pedro Macauli,' and 
of the excei^ted words, not guilty ; " of the first charge, ' ' guilty ; " of the specification^ 
second charge, "guilty;" of the second charge, "guilty;" of the first specification, 
third charge, "guilty;" of the second specification, third charge, "guilty, except the 
words 'Pedro Macauli,' and of the excepted words, not guilty;" of the third charge^ 
"guilty." 

Pedro San Juan: Of the first specification, first charge, "guilty;" of the second 
specification, first charge, "guilty, except the words 'Pedro Macauli,' and of the 
excepted words, not guilty;" of the first charge "guilty;" of the specification, second 
charge, '"guilty;" of the second charge, "guilty;" of the first specification, third 
charge, "guilty;" of the second specification, third charge, "guilty, except the 
words ' Pedro Macauli,' and of the excepted words, not guiltv; " of the third charge, 
"guilty." 

Tranquilino Santiago: Of the second specification, first charge, "guilty, except the 
words 'Pedro Macauli,' and of the excepted words, not guilty;" of the first charge, 
"guilty;" of the specification, second charge, "guilty;" of the second charge, 
"guilty;" of the second specification, third charge, "guilty, except the words 'Pedro 
Macauli,' and of the excepted words, not guilty;" of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence the accused: 

Rufino Zamudio, Gilio Alicante, Isidro de las Llagas, and Higino Agabo, natives^ 
and each of them, "To be hanged by the neck until they, and each of them, are dead, 
at such time and place as the reviewing authority may direct, two-thirds of the 
members concurring therein." 

Nicolas San Buenaventura and Pedro San Juan, natives, and each of them, "To be 
confined at hard labor, at such place as the reviewing authority may direct, for the 
period of five years." 

Tranquilino Santiago, native, "To be confined at hard labor, at such place as the 
reviewing authorit}' niay direct, for the period of two years." 

In the foregoing case of Rufino Zamudio, Gilio Alicante, Isidro de la Llagas, Higino 
Agabo, Tranquilino Santiago, Nicolas San Buenaventura, and Pedro San Juan, natives, 
it appears from the record that Rufino Zamudio had been an insurgent soldier, and,, 
while residing at Cabusao, conceived the idea of styling himself a chief; that, aided 
and abetted by two or three Tagalog insurgents and a few confederates of the barrio, he 
caused notice to be served upon the people to assemble at a given place in order to- 
be presented to one General Santos, who would, punish them if they failed to obey. 
Men, women, and children obeyed the mandate, and, in coming together, the men 
were told by the said Zamudio that they were required to take an oath to resist the 
Americans to the death. After the oath had been administered and the men made 
to kiss and pass under crossed swords, the}' were formed in ranks and given orders to 
take certain persons to another place, there to be presented to General Santos. As 
the evidence shows, the use of the name of General Santos by the leaders of this 
band of assassins was but a cruel deception M^hereby they veiled their sinister design 
of introducing their intended victims, by death, to another world. Their victims were 
selected from the relations and friends of a native pilot on a steamboat engaged 
between "Manila and Nueva Caceres. Upon the slender pretext that this pilot must 
be an Americanista, eleven persons, among them one aged woman and four children 
of tender age, were taken into the fields, on their way to be presented to the fictitious 
General Santos, and there brutally assaulted with clubs and bolos until left for dead. 
Three of the victims revived, two succeeded in reaching succor and safety, while the 
other, being betrayed in the house she had reached, was again seized by three men — 
one of whom was Higino Agabo, of the accused — and her almost lifeless body taken 
on a carabao cart to the fields again, since when she has not been seen. 

Two of the survivors exhibited to the commission many scars of the frightful 
wounds they received when left for dead, and, as witnesses, related many details of 
the crime. Their testimony is confirmed by other witnesses. That at least seven 
men, women, and children of both sexes lost their lives at the hands of these accused 
there is no reasonable doubt. 

The deceptive manner in which some of these accused were called together, made 
to take the oath, to form in ranks and be told off in parties — one party to take the 
men and boys and the other the women and young girls, and witness their death, 
and aid, in some instances, in the act of murder — has moved the department com- 
mander, in his approval of the sentences, to remit that of Tranquilino Santiago. 
The action of the department commander being final in all of the cases of these 
accused except Rufino Zamudio, Gilio Alicante, Isidro de las Llagas, and Higino 
Agabo, their sentence is confirmed, but in the cases of Gilio Alicante and Isidro de 
las Llagas is commuted to confinement at hard labor for life, at the Presidio de 
Manila, to which place they will be sent under proper guard. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 167 

In the cases of Rufino Zamudio and Higino Agabo, the sentence will be duly exe- 
cuted at the pueblo of Nueva Caceres, province of Camarines Sur, Luzon P. I., on, 
the fifth (5th) day of July, A. D. 1901, under the direction of the commanding gen- 
eral Department of Southern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, F. ]., May 31, 1901. 
General Orders, No. 108. 

Before a military commission which convened at Gerona, province of Tarlac. 
Luzon, P. L, pursuant to paragraph 3, Special Orders, No. 193, Headquarters De- 
partment of Northern Luzon, November 9, 1900, and of which Captain Robert K. 
Evans, 12th U. S. Infantry, was president and 1st Lieutenant George H. Shields, jr., 
12th U. S. Infantry, was judge-advocate, was arraigned and tried Juan Aganon, a 
native. 

Charge. — '' War rebel." 

Specification. — "In that Juan Aganon, native, in territory occupied b}' United 
States troops, at a time, then as now, of insurrection against the lawful authority of 
the United States, without being part or portion of any organized hostile army, and 
without sharing continuously in the insurrection, but living habitually at his home, 
following a peaceful avocation without the character or appearance of a soldier, did 
order the inhabitants of the barrios of Pura to enter the pueblo for the purpose of 
assassinating the chief of police, Esteban A^ersosa, attacking the American troops 
stationed there, and to cut the telephone wires in habitual use by the United States 
military authorities for the transaction of pubUc business, and in compliance with 
these orders, the pueblo of Pura was entered, the chief of police badly wounded, and 
the telephone wire between Pura and Victoria cut. This on or about October 14, 
1900, at or near the jDueblo of Pura, Tarlac Province, P. I." 

Plea.— "Guiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Juan Aganon, native, 
"to be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct. Two-thirds of the members concurring." 

In the foregoing case of Juan Aganon, native, no issue of fact is raised, both charge 
and specification being admitted by the plea of "guilty," entered by the accused, 
and his criminal culpability is thereby acknowledged. 

It is shown that the accused, while living within the lines of the American forces 
in the guise of habitual peaceful avocation, and without being a portion of any organ- 
ized hostile army or having the appearance or character of a soldier, did actively 
exert his energies to the assistance of the enemy and the injury of the American 
Government, the benefits of whose protection he was accepting. It is shown that in 
obedience to orders, he cut the telephone wires, caused to be executed an attempt at 
the assassination of the chief of police of Pura, resulting in the serious wounding of 
that official; and that he prearranged an attack on the troops there stationed. 

Of such war rebels the laws of nations and of war have definitely fixed the status, 
and the authorized penalty is that of death. 

The sentence, approved by the department commander, is confirmed, but, in the 
spirit of his recommendation, and in view of the dominant political aspect of the 
case, is commuted to imprisonment at hard labor for the term of ten (10) years. 

The Presidio de Manila is designated as the place of confinement, to which place 
the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

3Ianila P. I., May 31, 1901. 
General Orders, No. 109. 

Before a military commission which convened at Tai'lac, Province of Tarlac, Luzon, 
P. I., pursuant to paragraph 3, Special Orders, No. 193, Headquarters Department of 
Northern Luzon, November 9, 1900, and of which Captain Robert K. Evans, 12th 



168 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

U. S. Infantry, was president and 1st Lieutenant George H. Shields, jr., I2th U. S. 
Infantry, was judge-advocate, were arraigned and tried: Agapito Baun, Pablo Lorenzo 
and Claro Lorenzo, natives. 

Charge I.— ".Murder." 

Speafi cation. — "That on the night of the 24th day of July, A. D. 1900, then as now 
a time of insurrection, at the barrio of San Carlos, pueblo of Murcia, Province of 
Tarlac, Island of Luzon, of the Philippine Islands, a place then as now under the 
military occupation and government of the United States, Agapito Baun, Pablo 
Lorenzo and Claro Lorenzo, Filipinos and residents of said Province of Tarlac, in 
company of and consorting with other natives to the number of six, more or less, 
armed with bolos and rifles, did felonously, wilfully and with malice aforethought 
murder and kill Delmosio Gutierres and Agrifino Baun, Filipinos, and residents of 
said barrio of San Carlos, a barrio of pueblo of Murcia, Province of Tarlac, by then 
and there cutting the said Delmosio Gutierres and Agrifino Baun, with bolos held in 
the hands of the said Agapito Baun, Pablo Lorenzo and Claro Lorenzo, and of their 
companions to the number of six, more or less, then and there inflicting upon the 
said Delmosio Gutierres and Agrifino Baun, divers cuts and wounds by reason of 
which said cuts and wounds the said Delmosio Gutierres and Agrifino Baun, then and 
there died." 

Charge II. — "Abduction." 

Specification. — "That on the night of the 24th day of July, A. D. 1900, then as now 
a time of insurrection at the barrio of San Carlos, pueblo of Murcia, Province of Tar- 
lac, Island of Luzon of the Philippine Islands, a place then as now under the military 
occupation and government of the U. S., Agapito Baun, Pablo Lorenzo, and Claro 
Lorenzo, Filipinos and residents of the said Province of Tarlac, in company of and 
consorting with other natives to the number of seven, more or less, did feloniously, 
willfully and with malice aforethought, abduct and carry away Antonia de Leon, 
Placida Gutierres, Potenciana Gutierres, Avomen and Filipinos, and Marcelo Gutierres 
and Feliz Baun, children and Filipinos, residents of said barrio of San Carlos, a barrio 
of pueblo of Murcia, Province of Tarlac, by then and there forcing the said Antonia 
de Leon, Placida Gutierres, Potenciana Gutierres, women, and Marcelo Gutierres and 
Feliz Baun to accompany the said Agapito Baun, Pablo Lorenzo and Claro Lorenzo 
and their companions to the number of six, more or less, west in the direction of the 
mountains of Mariones and the river O'Donnel, from which the said Antonia de 
Leon, Placida Gutierres, Potenciana Gutierres, Marciio Gutierres, and Feliz Baun 
have never returned, nor been heard from since said night of July 24, A. D. 1900." 

Charge III. — " Intimidation and assault. " 

Specification. — "That on the night of the 24th day of July, A. D. 1900, at about 
and between the hours of 10 p. m. and 12 p. m., then as now a time of insur- 
rection at the barrio of San Carlos, pueblo of Murcia, Province of Tarlac, Island of 
Luzon, of the Philippine Islands, a place then as now under the military occupation 
and government of the United States, Agapito Baun, Pablo Lorenzo and Claro Lo- 
renzo, Filipinos and residents of the said Province of Tarlac, in company of and 
consorting with others to the number of six, more or less, did feloniously, willfully 
and with malice aforethought, assault and intimidate Miguel Torres, Filipino and a 
resident of the said ban-io of San Carlos, and an officer of the civil government of 
said barrio of San Carlos, while on duty as official of said barrio of San Carlos at the 
guardhouse of said barrio of San Carlos, by seizing and tying the said Miguel Torres 
to a post in said guardhouse of said barrio of San Carlos, and threatening the said 
Miguel Torres' life if he reported to the U. S. military force at Sitio Burnt R. R. 
station in Murcia, Province of Tarlac, to the effect that said ]Miguel Torres was 
unable to pursue his official duties by fear of said Agapito Baun, Pablo Lorenzo and 
Claro Lorenzo." 

Pleas.— "Not guilty." 

Findings. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Agapito Baun, 
Pablo Lorenzo, and Claro Lorenzo, natives, and each of them: "To be hanged by 
the neck until dead, at such time and place as the reviewing authority may direct, 
two-thirds of the members concurring." 

In the foregoing case of Agapito Baun, Pablo Lorenzo, and Claro Lorenzo, natives, 
it ai)i)ears from the record that a party of outlaws entered a small barrio at night, 
seized and bound the watchman, and then proceeded to murder a man and a boy 
about eight years of age; that they then set fire to the house of the dead man, in the 
debris of which his charred remains were found, abducted his wife, two other women 
and two children, none of whom haN'e since been seen in life. It further appears 
that these accused did not come into the barrio with the band, but being there resi- 
dent, they armed and joined themselves to the outlaws in the perpetration of these 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 169 

crimes. Except an intimation rather than proof of a feud between the famihes of 
Baun and Gutierres, there appears no motive for the kilHng of so many helpless 
people. 

It is not clear, however, that these accused were the instigators or principal actors, 
but it is proven beyond a reasonable doubt that they, by their presence, countenanced 
these crimes and in a large measure are jointly responsible therefor. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to confinement at hard labor for the period of their natural lives. The Presidio 
de Manila is designated as the place of confinement, to which place the prisoners 
will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, June 6, 1901. 
General Orders, No, 114. 

Before a military commission which convened at Iba, province of Zambales, Luzon, 
P. I., pursuant to paragraph 4, Special Orders, No. 143, Headquarters Department of 
Northern Luzon, September 23, 1900, and. of which Captain Harry A. Leonhaeusar, 
25th U. S. Infantry, was president, and Second Lieutenant Harol D. Coburn, 25th 
XJ. S. Infantry, was judge-advocate, was arraigned and tried Elias Agpalo, a native. 

Charge I. — "Murder." 

Specification 1. — "In that he, Elias Agpalo, native, did, with malice aforethought, 
feloniously and willfully kill and murder one Narciza Amigable, native, during the 
month of October, 1899, date not known, then, as now, a time of insurrection against 
the L^nited States, in the town of San Marcelino, province of Zambales, P. I., a place 
then, as now, under the military government of the United States, by cutting and 
stabbing said Amigable with a bolo held in the hands of said Agpalo, inflicting 
wounds therewith whereof the said Amigable then and there died." 

Specification 2. — "In that he, Elias Agpalo, native, did, with malice aforethought, 
feloniously and willfully kill and murder one Severino Amigable, native, during the 
month of October, 1899, date not known, then, as now, a time of insurrection against 
the United States, in the town of San Marcelino, province of Zambales, P. I., a place 
then, as now, under the military government of the United States, b}^ cutting and 
stabbing the said Amigable with a bolo held in the hands of said Agpalo, inflicting 
wounds therewith whereof the said Severino Amigable then and there died." 

Specification 3. — "In that he, Elias x\gpalo, native, did, with malice aforethought, 
feloniously and willfully kill and murder one Diega de la Cruz, wife of Severino 
Amigable, native, during the month of October, 1899, date not known, then, as now, 
a time of insurrection against the LTnited States, in the town of San Marceli^no, prov- 
ince of Zambales, P. I., a place then, as now, under the military government of the 
United States, by cutting and stabbing said Diega de la Cruz, with a bolo held in the 
hands of said Agpalo, inflicting wounds therewith whereof the said Diega de la Cruz 
then and there died." 

Charge II. — "Assault and battery with intent to kill." 

Specification. — "In that he, Elias Agpalo, native, did make a violent assault upon 
one Mateo Isidro, native, during the month of October, 1899, date not known, then, 
as now, a time of insurrection against the United States, in the town of San Marce- 
lino, province of Zambales, P. I., a place then, as now, under the military government 
of the United States, l)y cutting and stabbing the said Isidro with a bolo held in the 
hands of said Agpalo, with intent then and there feloniously, willfully, and with 
malice aforethought, to kill and murder the said Mateo Isidro." 

Plea.— "Not guilty." 

Finding. — Of the first specification, first charge, "not guilty;" of the second speci- 
fication, first charge, "guilty, except the words, 'with malice aforethought' and 
'murder,' and of the excepted words, not guilty;" of the third specification, first 
charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, 
"guilty, excei)t the words, 'and Avith malice aforethought' and the words, 'and 
murder,' and of the excepted words, not guilty; "of the second charge, "guilty." 

Sentence. — .4nd the commission does therefore sentence him, Elias Agpalo, native, 
"To be confined at hard labor, at such place as the reviewing authority may direct, 
for a period of fifteen (15) years." 

In the foregoing case of Elias Agpalo, native, it is shown that the accused entered 
the house of one Severino Amiiial)le; that shortlv thereafter women's screams were 



170 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

heard issuing from this house, and, upon a neighbor entering to ascertain tlae cause, 
he saw the accused with a bloody bolo in his hands and Severino Amigable, his wife, 
Diega, and his 18-year-old daughter lying dead on the floor and hacked with bolo 
cuts. This neighbor himself was then attacked by accused with his bolo, wounded 
upon the shoulder and arm, and immediately thereafter accused fled. 

On behalf of the prosecution, in addition to the above, a voluntary confession was 
admitted in evidence to the following effect. Accused stated: "I was passing the 
house of these victims, whose names I do not remember. The old woman Avas sitting 
in the window and asked me to come in. I went in because I was looking for her 
son, who was a policeman (as was accused). After entering, the old man, who was 
in bed with a blanket, got up, took a bolo and struck me across the throat. I started 
to light, and cut the old man with the bolo first; I then cut the old lady and she 
died, then the old man started to fight and I killed him. The young girl then took 
hold of my arm and begged me not to kill her, but I, thinking I was going to die 
from the wounds I had received, thought I would kill her that she might not marry 
anyone else, and I did kill her; then a man came up and I cut him with a bolo also," 

The evidence of the witness, Mateo Isidro. the neighbor who was attacked, is to 
the effect that when he entered the room where were accused and his victims, the 
only bolo there was the one in the hands of the accused, and that accused was not 
wounded. AVith the exception of the finding and identification of the dead bodies 
by the son of Severino Amigable, the above constitutes the case of the prosecution. 
Xo e^ddence was offered by accused, and he declined to be sworn or to make any 
statement. 

On this evidence the commission has found the accused not guilty of the murder 
of !Narciza Amigable. whom he says he killed in order to prevent her from marrying 
another, and whom the witness, Mateo Isidro, testified he saw lying dead at the feet 
of accused, who held a bolo in his hand. Of the killing of Severino Amigable and 
his wife, Diega, accused was foiuid guilty, but without "malice aforethought," 
and not guilty of murder, but of manslaughter. Of an assault with intent to kill, 
committed upon Mateo Isidro, he is found guilty, and his sentence on the whole case 
was fixed at ten years' imprisonment at hard labor, subsequently revised to fifteen 
years, with a revised finding as above set forth. 

Under the circumstances, to make comment or remark is deemed needless and 
nugatory, further than to concur in the view expressed by the department com- 
mander that the sentence is deemed inade4uate. 

Subject to the foregoing remark the sentence, approved by the depaitment com- 
mander, is confirmed and will be duly executed at the Presidio de Manila, to which 
the prisoner will be sent under proj^er guard. 

By command of ]^Iajor-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquartees Division of the Philippixes, 

Manila, F. I., June 6, 1901. 
General Orders, !>so. 115. 

Before a military commission which convened at Villasis, Province of Pangasinan 
Luzon, P. I., pursuant to paragraph 3, Special Orders, Xo. 220, Headquarters Depart- 
ment of Xorthern Luzon. December 8, 1900, and of which Captain Samson L. Faison, 
13th U. S. Infantry, was president, and First Lieutenant Harvey W. Miller, 13th I'. S. 
Infantry, was judge-advocate, were arraigned and tried Faustino Mago and Fortunato 
Abanlog, natives. 

Charge. — ' ' Murder. 

Specification. — " In that Faustino Mago and Fortunato Abanlog, natives, in company 
of, and consorting with, a band of armed ladrones, willfully, feloniously, and with 
malice aforethought, murder and kill Santiago Eamos. by stabbing him with daggers 
held in the hands of said INlago and said ladrones, inflicting- vrounds therewith whereof 
the said Ramos then and there died. This, on or about December 11, 1899, in time, 
then, as now, of insurrection, at or near Villasis, Pangasinan, P. I., a place, then, as 
now, under the military government of the L^nited States." 

Pleas. — "Not guilty!" 

Findings. — "Guilty." 

Sentence. — And the commission does therefore sentence him, Faustino Mago, 
native, "To be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

And the commission does therefore sentence him, Fortunato Abanlog, native, "To 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. l7l 

be confined at hard labor, at such place as the reviewmg authority may direct, for 
the period of 25 years. 

In the foregoing case of Faustino Mago and Fortunato Abanlog, natives, it appears 
that the former was the leader and the latter a member of an armed band of outlaws, 
which, on about December 11, 1899, sequestrated and murdered by stabbing with dag- 
gers one Santiago Ramos, suspected of being an American spy. The actual killing 
was consummated by Faustino Mago and Fortunato Abanlog, the latter acting under 
the orders of the former, though undoubtedly a willing member of the band of out- 
laws and participator in its general criminal operations, but in this particular crime, 
it is apparently shown in the case for the prosecution that he participated under the 
direct order and innnediate coercion of Mago, who threatened him with his gun. 
This circumstance must be considered in fixing the degree of crime. 

The sentence, approved by the department commander, is confirmed, but as to 
accused Faustino ;^Iago, must be inoperative, as he has already suffered the penalty 
of death for a similar crime. As to accused Fortunato Abanlog, in conformity with 
the recommendation of the department commander, the sentence is mitigated to 
imprisonment at hard labor for the term of 15 years, and as thus mitigated the sen- 
tence will be duly executed at the Presidio de Manila, to which place this prisoner 
will be sent, under proper guard. 

By command of Major- General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff'. 



Headquarters Division of the Philippines, 

Manila, P. /., June 11, 1901. 
General Orders, !No. 116. 

Before a military commission which convened at the pueblo of Villasis, Province 
of Pangasinan, Luzon, P. I., pursuant to paragraph 3, Special Orders. Xo. 220, Head- 
quarters Department of Xorthern Luzon, December 8, 1900, and of which Captain 
Samson L. Faison, 13th U. S. Infantry, was president, and First Lieutenant Harvey 
W. Miller, 13th U. S. Infantry, was judge-advocate, was arraigned and tried Ful- 
gencio Bascos, native. 

Charge. — " Murder. ' ' 

Speclficalion . — "In that Fulgencio Bascos, native, in company of and consorting 
with a band of ladrones, armed with rifles, did willfully, feloniously, and with malice 
aforethought, murder and kill Miguel Barientos, vice-presidente of Villasis, Pangasi- 
nan, P. I., by shooting him, the said Barientos, with rifles held in the hands of 
members of said hand of ladrones, inflicting wounds therewith, whereof the said 
Barientos then and there died. This on or about December 10, 1899, in time, then, 
as now, of insurrection, at or near Villasis, Pangasinan, P. I., a place then, as now, 
under the militarv government of the United States." 

Plea.— "Xot guilty." 

Finding. — Of the specification, "guilty, except the words 'in company of and 
consorting with, a band of ladrones, armed with rifles,' substituting therefor, 'armed 
with a rifle,' and except the word 'rifles' after the words 'the said Barientos, with,' 
substituting therefor the words 'a rifle,' and except the words 'members of said 
band of ladrones,' substituting therefor the words 'one Augustin Macabitas, native,' 
and of the excepted words in each case, not guilty, and of the substituted words in 
each case, guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Fulgencio Bascos, 
native, "To be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case it appears that the accused, Fulgencio Bascos, native, cap- 
tured, at the muzzle of his rifle, one Miguel Barientos, vice-presidente of Villasis, and 
then forced h\ threats and blows a lad of seventeen years of age to shoot his victim 
from behind, at a range of some twenty feet, from the effects of which shot the 
deceased then and there died. 

There is some evidence that the victim belonged to a rival faction to that repre- 
sented by accused and had taken part in an attack upon the pueblo of which the 
accused was a sulDcabeza. 

The sentence, approved 1)y the department commander, is confirmed, but, as recom- 
mended by him, is commuted to imprisonment at hard labor for the term of twenty 
(20) years, and as thus commuted will l^e duly executed at the Presidio de Manila, 
to which place the accused, Fulgencio Bascos, will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



172 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, F. I., June 11, 1901. 
General Orders, No. 117. 

Before a military commission which convened at the pueblo of Nueva Caceres, 
province of Camarines Sur, Luzon, P. I. , pursuant to paragraph 8, Special Orders, No. 
8, Headquarters Department of Southern Luzon, January 8, 1901, and of which Lieut. 
Col. Almond B. Wells, 9th U. S. Cavalry, was president, and First Lieut. James A. 
Ryan, 9th U. S. Cavalry, was judge-advocate, was arraigned and tried Querino 
Biday, native. 

Charge I. — "Kidnaping." 

Specification. — "In that Querino Biday, native, m company of and consorting with 
a band of armed outlaws, to the number of five, more or less, did enter the house of 
one Ramuda Apopos, native, and did forcibly seize, bind, and carry away one Donicio 
Noqui, native, against his will and consent. This, in or about the month of June, 
1900, then, as now, a time of insurrection, at or near the sitio of Taririg, pueblo of 
Minalabag, Camarines Sur, Luzon, P. I., a place then, as now, under the military 
authoritv of the United States." 

Charge II.— "Murder." 

Sjjeciticafion. — "In that Querino Biday, native, in company of and consorting with 
a band of armed outlaws, to the number of five, more or less, did willfully, feloniously, 
and with malice aforethought, kill and murder one Donicio Noqui, by stabbing him 
with a dagger, held in the hands of said Querino Biday, inflicting therewith wounds 
from which the said Donicio Noqui then and there shortly afterwards died. This in 
or about the month of June, 1900, then, as now, a time of insurrection, near the house 
of one Botor, pueblo of Minalabag, Camarines Sur, Luzon, P. L, a place then, as 
now, under the militarv authoritv of the United States." 

Plea.— "Not guilty." 

Findings. — Of the specification, first charge, "guilty except the words 'did enter 
the house of one Ramudo Apopos, and.' " Of the first charge, "guilty." Of the 
specification, second charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Querino Biday, na- 
tive, "to be confined at hard labor, at such place as the reviewing authority may 
direct, for the rest of his natural life." 

In the foregoing case it appears that the accused, Querino Biday, was one of a band 
of five armed outlaws, who seized and carried off from the sitio of Taririg, Camarines 
Sur, one Donicio Noqui, who was subsequently accused of being a Macabebe and 
American spy, and upon his denial, the accused plunged a dagger into his heart 
from the effects of which he died. 

No reasonable doubt of the guilt of the a'ccused arises from the record, and no miti- 
gating circumstance accompanied the perpetration of the deed. 

The commission trying the cause fell into error by omitting to find accused not 
guilty of the excepted words in its findings, but, as these exceptions were entirely 
immaterial as affecting the merits of the cause, and in no wise affect a substantial legal 
right of the accused, the error is not fatal. 

The sentence, approved by the department commander is confirmed, and will be 
duly executed at the iPresidio de Manila, to which place the accused, Querino Biday, 
will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, June 13, 1901. 
Oeneral Orders, No. 118. 

Before a military commission which convened at the pueblo of Lingayen, province 
of Pangasinan, Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 234, Head- 
quarters Department of Northern Luzon, December 23, 1900, and of which Maj. 
Charles L. Hodges, 17th U. S. Infantr}', was president, and Second Lieut. John 
R. Thomas, jr., 17th U. S. Infantry, was judge-advocate, w^as arraigned and tried 
Isidro Velasco, a native. 

Charge I. — "Murder." 

Specification 1. — "In that Isidro Velasco, native, in company of and consorting with 
a band of outlaws numbering seven, more or less, armed with rifles and bolos, did will- 
fully, feloniously, and with malice aforethought kill and murder four natives, Manuel 
Tandoc, Biviana Mandap, Benigno Tandoc, and Valentin Tandoc, by hanging them 



CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 173 

to a limb of a tree and by shooting them with rifles and cutting them with bolos 
held in the hands of the said Isidro Yelasco, of which hanging to the limb of a tree 
and of which wounds then and there inflicted by shooting them with rifles and cut- 
ting them with bolos held in the hands of the said Isidro Velasco, the said Manuel 
Tandoc. Biviana INlandap, Benigno Tandoc, and Valentin Tandoc, then and there 
died. This in time, then as now, of insurrection against the United States, on or 
about June 18, 1900, in the mountains about seven miles west of Aguilar, province 
of Pangasinan, a place then, as now, in the theater of active military operations. 

Specification 2. — In that Isidro Velasco, in company of and consorting with a band 
of outlaws, to the number of seven, more or less, armed with rifles and bolos, did 
willfully, feloniously, and with malice aforethought kill and murder Pioquinto 
Zamuco and Julian Zamuco, by shooting them with rifles and cutting them with 
bolos, thereby inflicting wounds, whereof they, the said Pioquinto Zamuco and 
Julian Zamuco, natives, then and there died. This in time, then as now, of insur- 
rection against the United States, on or about December 18, 1899, at or near the 
pueblo of Aguilar, province of Pangasinan, a place then, as now, in the theater of 
active military operations." 

Specification 3. — "In that Isidro Velasco, in company of and consorting with a 
band of outlaws, to the number of seven, more or less, armed with rifles and bolos, 
did willfully, feloniously, and with malice aforethought kill and murder one Catalino 
Ulanday, native, by shooting him and stabbing him with bolos held in the hands of 
Isidro Velasco and throwing his body into the river, inflicting wounds therewith 
whereof he, the said Catalino Ulanday, then and there died. This in time, then as 
now, of insurrection against the United States, on or about December 15, 1899, at or 
near the pueblo of Aguilar, province of Pangasinan, a place then, as now, in the theater 
of active military operations. ' ' 

Specification 4- — "In that Isidro Velasco, in company of and consorting with a 
band of outlaws, to the number of seven, more or less, armed with rifles and bolos, 
did willfully, feloniously, and with malice aforethought kill and murder Vicente 
Suniga, native, by shooting him Avith rifles and cutting him with bolos, thereby 
inflicting wounds whereof the said Vicente Suniga then and there died. This in 
time, then as now, of insurrection against the United States, on or about September 
15, 1899, at or near the pueblo of Aguilar, province of Pangasinan, a place then, as 
now, in the theater of active military operations." 

Charge II. — "Kidnapping." 

Specification. — "In that Isidro Velasco, in company of and consorting with a band 
of armed outlaws, to the number of seven, more or less, did feloniously and forcibly 
seize, kidnap, carry away, and restrain against his will Vicente ^Nlamerto, native. 
This at or near Aguilar, province of Pangasinan, a place then, as now, in the theater 
of active militarv operations, on or about December 20, 1899, in time of insurrection." 

Chaege III.— "Eobbery." 

Specification. — "In that Isidro Velasco, in company of and consorting with an 
armed band of outlaws, to the number of seven, more or less, did feloniously and 
forcibly take, steal, and drive away vacas, to the number of twelve, more or less, 
the property of Saturnino Zaratan. This at Aguilar, province of Pangasinan, on or 
about December 27, 1899, then, as now, in the theater of active militarv operations." 

Plea.— "Xot guilty." 

Finding. — Of the flrst specification, first charge, "guilty, excepting the words 
' kill and murder four natives, Manuel Tandoc, Biviana Mandap, Benigno Tandoc, 
and Valentin Tandoc, by hanging them to a limb of a tree and by shooting them 
Avith rifles and cutting them with bolos held in the hands of the said Isidro Velasco, 
of which hanging to the limb of a tree and of which wounds then and there inflicted 
by shooting them with rifles and cutting them with bolos held in the hands of the 
said Isidro Velasco,' substituting therefor the words 'order the said band to kill and 
murder four natives, Manuel Tandoc, Biviana INIaiidap, Benigno Tandoc, and Valen- 
tin Tarudoc, which order was executed by said band, by hanging them, flannel 
Tandoc, Biviana ^Mandap. Benigno Tandoc, and Valentin Tandoc, to a limb of a tree, 
of which hanging,' of the excepted words not guilty, of the substituted words 
guilty-." Of the second specification, first charge, "not guilty." Of the third speci- 
fication, first charge, "not guilty." Of the fourth specification, first charge, "not 
guilty." Of the first charge, "guilty." Of the specification, second charge, 
"guiltv." Of the second charge, "guiltv." Of the specification, third charge, 
' ' guilty. ' ' Of the third charge, / ' guilty. ' ' " 

Sentence. — And the commission does therefore sentence him, Isidro Velasco, "to 
be confined at hard labor, at such place as the reviewing authority may direct, for 
the period of twenty-five years." 

In the foregoing case it appears that the accused, Isidro Velasco, native, was the 



iTtl: CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

leader of a band of outlaws and ordered and caused to be consummated the killing 
by hanging of INIanuel Tandoc, Biviana ^Nlandap, his wife, and Benigno Tandoc, and 
Yalentin Tandoc, their children, on the accusation that they "told too many tales." 

On another occasion this accused and his band kidnapped and kept prisoner one 
Vicente ^Nlamerto, at or near Aguilar, Pangasinan, and it is shown that they robbed 
another native of some twelve head of cattle. 

The cruel and inhuman hanging of a woman and her children is not susceptible of 
justification to any degree, and the statements of the accused that he ordered the 
consummation of his heinous crime in pursuance to an order of a superior of one 
grade above him can have no weight as affecting his criminality. 

Although deemed inadequate, the sentence is confirmed and will be duly executed 
at the Presidio de Manila, to which place the prisoner will be sent under proper 
guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June 13, 1901. 
General Orders, Xo. 119. 

Before a military commission which -convened at the Pueblo of Gerona, Province 
of Tarlac, Luzon, P. I., pursuant to paragra^^h 3, Special Orders, No. 193, Head- 
quarters Department of Xorthern Luzon, November 9, 1900, and of which Capt. 
Robert K. Evans, Twelfth L^nited States Infantry, was president, and First Lieut. 
George H. Shields, jr.. Twelfth United States Infantry, was judge-advocate, were 
arraigned and tried: Pedro Mercado, Yictoriano de O'Campo, Martin Gamboa, and 
Magno Simbulan, natives. 

Charge. — " Murder." 

Specification. — "In that Pedro Mercado, Yictoriano de O'Campo, Martin Gamboa, 
and Magno Simbulon, natives, and each of them, at the barrio of Pinasling, of the 
Pueblo of Gerona, Province of Tarlac, Luzon, P. I. , in territory then, as now, occu- 
pied by United States troops, at a time then, as now, of insurrection against the 
lawful authority of the United States, did willfully, feloniously, and with malice 
aforethought, kill and murder a native, name unknown, by stabbing the said native 
with a knife held in the hands of the said Pedro Mercado. This at the place above 
specified, in the month of Januarv, 1900." 

Pleas.— "Guihy." 

Findings. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Pedro Mercado, 
Yictoriano de O'Campo, Martin Gamboa, and ^Nlagno Simbulan, natives, and each of 
them, "to be hanged by the neck until dead, and at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring." 

In the foregoing case of Pedro Mercado, Yictoriano de O'Campo, Martin Gamboa, 
and Magno Simbulan, natives, who were jointly tried, it appears that in obedience 
to the orders of a local outlaw or guerrilla chief these accused, while following the 
usual avocations of peace, kidnapped a Macabebe because he was "working for the 
Americans," and, taking him beyond the sight of the passersby, stabbed him to the 
heart with a dagger. Armed followers of the chief stood by to witness the execution. 
As in many like cases where the temporarily impressed followers of the chiefs of 
banditti do murder, it is impracticable to define the degree of willing acquiescence or 
the extent of the duress under which they act. It is known that these chiefs hold 
over their followers the threat of death, which they are swift to execute upon the 
disobedient. Moved apparently by these considerations, the department commander, 
in approving the sentence, has recommended its commutation to life imprisonment 
in the case of all these accused except one. 

The sentence is confirmed, but is commuted to imprisonment at hard labor for life 
in the case of each. 

Bitter as the lesson is, it must be learned that all men who join themselves in 
bands to accomplish unlawful purposes must choose between the danger of disobedi- 
ence to the chiefs of such bands and the danger of the penalties of the law, which 
holds each one to be guilty for the acts of all. If two or twenty or any number of 
men conspire together to kill a peaceful, law-abiding man, each and all are guilty of 
murder, and must expect to pay the penalty of the law, which is death. 

These accused were at liberty and had full opportunity to claim the protection of 
the American garrison in their midst, but they deliberately concealed the design of 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 175 

their chiefs to kill their victim, and they themselves assassinated him. Such is their 
own admission. 

The Presidio de Manila is designated as the place of confinement to which the 
prisoners will be sent imder proper guard. 
By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunieers, Chief of Staff . 



Headquarters Division of the Philippines, 

Mavila, P. I., June 13, 1901. 
General Orders, No. 120. 

Before a military commission which convened at the pueblo of Bautista, province 
of Pangasinan, Luzon, P. I., pursuant to paragraph 10, Special Orders, No. 34, Head- 
quart(!rs Department of Northern Luzon, February 5, 1901, and of which Capt. Harry 
C. Benson, Fourth Ignited States Cavalry, was president, and Second Lieut. Sylvester 
Bonnaffon, Thirteenth United States Infantry, was judge-advocate, were arraigned 
and tried: Marcelino Ferrer, Domingo Ferrer, Serapio de los Santos, and Francisco 
Reyes, natives. 

Charge I. — "Kidnapping." 

Specification. — "In that they, Marcelino Ferrer, Domingo Ferrer, Serapio de los 
Santos, and Francisco Reyes, natives, and each of them, in company of and consorting 
with a band of men to the number of six, more or less, armed with bolos, did forcibly 
seize, tie, bind, and lead away from his place of abode and against his will one 
Edwardo Ferrer, native. This at or near the barrio of Alangso, pueblo of San Carlos, 
province of Pangasinan, Luzon, P. I., a place then, as now, within the theatre of 
active military operations by United States forces, on or about November 17, 1899, a 
time then, as now, of insurrection against the United States." 

Charge IL — "Murder." 

Specification. — "In that they, Marcelina Ferrer, Domingo Ferrer, Serapio de los 
Santos, and Francisco Reyes, natives, and each of them, as members of a band of 
armed men, to the number of six, more or less, did wilfully, feloniously, and with 
malice aforethought, kill and murder one Edwardo Ferrer, a native, by cutting and 
hacking said Ferrer with a bolo or bolos, held in the hands of a member or members 
of said band, inflicting wounds therewith whereof the said Ferrer then and there 
died. This at or near the barrio of Sangasang, pueblo of San Carlos, province of 
Pangasinan, Luzon, P. I., a place then, as now, within the theatre of active military 
operations by United States troops, on or about the 17th of November, 1899, a time 
then, as now, of insurrection against the United States." 

Pleas. — "Not guilty." 

Findings. — Of the specification, first charge, "guilty, except the words, 'his place 
of abode,' substituting therefor the words, 'a rice field in a place called Cabol;' of 
the excepted words, not guilty of the substituted words, guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty." Of the second charge, 
*' guilty." 

Sentence. — And the commission does therefore sentence them, Marcelino Ferrer, 
Domingo Ferrer, Serapio de los Santos, and Francisco Reyes, natives, and each of 
them, "to be hanged by the neck until each of them are dead, at such time and place 
as the reviewing authority may direct, two-thirds of the members of the commission 
concurring therein." 

In the forgoing case it appears that these accused, Marcelino Ferrer, Domingo 
Terror, Serapio de los Santos, and Francisco Reyes, natives, in company with an 
armed band of outlaws, on the 17th day of November, 1899, seized, bound, and car- 
ried off from his work in the rice fields, one Edwardo Ferrer, conveyed him to an 
isolated spot in the woods, and there murdered him with bolos. In view of the fact 
that the commission of this crime was in a time of general lawlessness, when no form 
of government had effective occupancy of the locality where it was committed, the 
reviewing authority is disinclined to sanction the infliction of the extreme penalty. 

The sentence, approved by the department conniiander, is confirmed, but is com- 
muted as to each of these accused to imprisonment at hard labor for the term of his 
natural life. As thus commuted the sentence will be duly executed at the Presidio' 
de Manila, to which place these prisoners will be sent under proper guard. 
By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



176 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquartees Division of the Philippines, 

Manila, P. L, June 13, 1901. 
General Orders, No. 121. 

Before a military commission which convened at the pueblo of Moncada, Tarlac 
Province, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 193, November 
9, 1900, Headquarters Department of Northern Luzon, and of which Capt. Robert K. 
Evans, 12th U. S. Infantry, was president, and First Lieut. George H. Shields, jr., 12th 
V. S. Infantr}^, was judge-advocate, was arraigned and tried: 

I. Placido Cuchapin, a native. 

Charge I. — "Treachery in office in violation of the laws of war." 

Specification 1. — "In that he, Placido Cuchapin, being duly installed presidente 
of .]\Ioncada, under the authority of the United States, did hold communication with 
the enemy by receiving in the Presidencia of Moncada one Maximino Paraso, an 
insurgent captain, and a bearer of orders from Fructuoso Sembrano, a guerrilla chief. 
This at Moncada, province of Tarlac, P. L, in territory occupied by the United 
States, on October 13, 1900, between 7 and 8 p. m., then, as nov\', in time of insurrec- 
tion." 

Specification 2. — "In that he, Placido Cuchapin, being duly installed presidente of 
Moncada, under the authority of the L^nited States, did, in obedience to orders from 
Fructuoso Sembrano, a guerrilla chief, issue a written order to the cabezas of Moncada, 
to bring their men into the town for the purpose of attacking the garrison, which 
order was in substance as follows: 

"Moncada, October U, 1900— 10 a. m. 

" Cabeza, 

"Immediately on the receipt of this order you will collect the men of your barrio 
and have them here in the stores at 4 p. m., in order to do the thing we have talked 
about. 

' ' (Signed) Placido Cuchapin, 

' ' Presidente. 

"This at Moncada, province of Tarlac, P. I., in territorj^ occupied by the United 
States, on or about October 14, 1900, then, as now, in time of insurrection." 

Specification 3. — "In that he, Placido Cuchapin, being duly installed presidente of 
Moncada, under the authority of the United States, did order the cabezas of .two 
barrios, Campo Santo and San Julian, to tear up the railroad and cut the telegraph 
line, in pursuance of which orders the railroad was torn up and the telegraph line 
cut. This at Moncada, province of Tarlac, P. I., in territory occupied l)y the United 
States on or about October 14, 1900, then, as now, in time of insurrection." 

Specification 4- — "In that he, Placido Cuchapin, being duly installed presidente of 
Moncada, under the authority of the United States, having taken the oath of alle- 
giance to the United States, did violate said oath by holding communication with the 
enemy and by consorting and conspiring with guerrillas against the authority of the 
United States. This at Moncada, province of Tarlac, P. I., in territory occupied by 
the L^nited States on October 13 and 14, 1900, then, as now, in time of insurrection." 

Charge II. — "Violation of the laws of war," 

Specification 1. — "In that he, Placido Cuchapin, being duly installed presidente of 
Moncada, under the authority of the United States, did order a house in the rear of 
the company quarters set on fire, with the intention of attacking the soldiers when 
they came out to extinguish the flames. This at IMoncada, province of Tarlac, P. L, 
in territory occupied by the United States on October 14, 1900, then, as now, in time 
of insurrection." 

Specification 2. — "In that he, Placido Cuchapin, being duly installed jiresidente of 
Moncada, under the authority of the United States, did threaten to kill Narciso 
Relies, native, together with his family, if he should give evidence against him, the 
said Cuchapin, to the Americans. This at Moncada, province of Tarlac, P. I., in 
territory occupied by the United States, at various times between October 14, 1900, 
and January 13, 1901, then, as now, in time of insurrection." 

Plea.— "Not guilty." 

Finding. — Of the first specification, first charge, "guilty, except the words ' October 
13' and '7 and 8 p. m.,' substituting therefor the words 'October 14' and '3 and 5 
p. m. ;' of the excepted words not guilty and of the substituted words, guilty." Of 
the second specification, first charge, "guilty." Of the third specification, first 
charge, "guilty, except the words 'Campo Santo' and 'and cut the telegraph line,' 
substituting for the words 'Campo Santo' the words 'San Juan,' of the excepted 
words not guilty, and of the substituted words guilty." Of the fourth s]^ecification, 
first charge, "guilty." Of the first charge, "guilty." Of the first specification, 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. l77 

second charge, "guilty." Of the second specification, second charge, "guilty, except 
the words 'at various times ' and of the excepted words, not guilty." Of the second 
charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Placido Cuchapin, 
native, "To be confined at hard labor, under guard, at such place as the reviewing 
authority may direct, for the period of thirty (30) years." 

In the foregoing case it appears that the accused, Placido Cuchapin, while presi- 
dente of the pueblo of Moncada, Tarlac, and under oath of allegiance to the United 
States Government, received in the presidencia, an insurgent captain, who con- 
veyed orders from higher insurgent authority to accused, directing him to organize 
an attack upon the American garrison there stationed; to destroy the railroad tracks 
and telegraph lines used by the United States authorities and to fire a house as the 
signal of attack upon the American trooj^s as they came from their quarters. 

It appears that while he was the recognized presidente under American authority, 
the accused was also chief of the Katipunan society of his pueblo. This affords the 
explanation of the thoroughness of his secret preparations for carrying out the orders 
he had received and for threatening his subordinates with the penalty of death to 
themselves and their families if they failed to assist him therein. While his betrayal 
of official trust was most treacherous, still in view of the fact that no acts of wanton 
cruelty are traced to his hands, the sentence, approved by the department com- 
mander while confirmed, is mitigated to confinement at hard labor for fifteen (15) 
years, as thus mitigated the sentence will be duly executed. 

The Presidio de Manila is designated as the place of confinement, to which place 
the prisoner will be sent under proper guard. 

II. Nicolas Valenton, native. 

Charge. — "Treachery in office, in violation of the laws of war." 

Specification 1. — "In that he, Nicolas Valenton, duly installed vice-presidente and 
lieutenant of the police of Moncada, under the authority of the United States, did 
hold communication with the enemy by receiving in the presidencia of Moncada 
one Maximino Paraso, an insurgent captain and a l3earer of orders from Fructuoso 
Sembrano, a guerrilla chief, to attack the garrison and cut the railroad and telegraph. 
He, the said Nicolas Valenton, having full knowledge of this fact. This at INIoncada, 
province of Tarlac, P. I., in territory occupied by the United States, on October 13, 
1900, between 7 and 8 p. m., then, as now, in time of insurrection." 

S2'>ecification 2. — "In that he, Nicolas Valenton, duly installed vice-presidente and 
lieutenant of the police of IMoncada, under the authority of the United States, did, 
while acting as presidente, having received a letter from the cabeza of San Julian, 
informing him that an armed band had torn up the railroad track and wrecked a 
train, fail to report this fact to the commanding officer of Moncada, in violation of 
positive orders and his manifest dut}^ This at Moncada, province of Tarlac, P. I., 
then, as now, in time of insurrection on or about October 14, 1900." 

Specification 3. — "In that he, Nicolas Valenton, duly installed vice-presidente and 
lieutenant of the police of Moncada, under authority of the United States, having 
taken the oath of allegiance to the United States, did violate said oath by holding 
communication with the enemy and by consorting and conspiring with guerrillas 
against the authority of the United States. This at Moncada, province of Tarlac, 
P. I., in territory occupied by the United States, on October 13 and 14, 1900, then, 
as now, in time of insurrection." 

Plea.— "Not guilty." 

Finding. — Of the first specification, "guilty." Of the second specification, "guilty." 
Of the third specification, "not guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Nicolas Valenton, 
native, "to be confined at hard labor under guard, at such place as the reviewing 
authority may direct, for the period of 20 years. 

In the foregoing case it appears that this accused, Nicolas Valenton, native, while 
holding the office of vice-presidente of Moncada, aided and abetted the enemy by 
receiving and treating with an insurgent captain and also an insurgent messenger or 
order bearer from an insurgent chief, notifying accused that the American garrison 
there situated was to be attacked, and directing him to aid in destroying the railroad 
and telegrai)h wires used by the United States authorities, and that these directions 
were complied with. All of these facts were amply ])roven and the accused admits 
their truth, urging in extenuation that he was under threat that he and all of his family 
would suffer death in event of his noncompliance. Whatever merit may attach to 
such an assumed spirit of self-humiliation, the fact remains that it is neither good in 
law nor in morals. An honest man would have resigned the office he so treacher- 
ously accepted and administered. 

S. Doc. 205, pt 2 12 



178 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the term of 10 years; as thus commuted the 
sentence Avill be duly executed at the Presidio de Manila, to which place the prisoner 
will be sent under proper guard. 
By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippixes, 

Manila, P. L, June 17, 1901. 
CTeneral Orders, No. 122. 

Before a military commission which convened at Davao, island of ^Mindanao, P. I., 
pursuant to paragraph 1, Special Orders, Xo. 141, Headquarters Department of ]Min- 
danao and Jolo, November 30, 1900, and of which Major Hunter Liggett, 81st Infan- 
try, U. S. Volunteers, was president, and First Lieutenant Charles 0. Thomas, jr., 
31st Infantry, L". S. Volunteers, was judge-advocate, was arraigned and tried Oracon, 
a Moro. 

Charge. — "Murder. 

Specification. — "In that, on or about the 20th day of October, 1900, at the barrio of 
Daron, district of Davao, island of Mindanao, P. L, a place then, as now, occupied 
by the military forces of the L^nited States, and under the military government 
thereof, one Oracon, a Moro, and one Gubal, a Bagoba, did on the day and at the 
place aforesaid, willfully, feloniously, with deliberation, premeditation and malice 
aforethought, then and there assault, murder, and kill one Vicente Frenada, a Span- 
iard, and his servant, Maria, a Tagacaola girl, by then and there striking and cutting 
with a sharp instrument, commonly called a kris, the said Vicente Frenada and the 
said Maria, then and there and in the manner aforesaid, inflicting on the said Vicente 
Frenada and the said Maria various and divers womids and cuts, by reason of which 
said wounds and cuts, so inflicted as aforesaid, the said Vicente Frenada and the 
said Maria died at said barrio of Daron, on or about the said 20th day of October, 
A. D. 1900. This at at the place and at the time hereinbefore mentioned." 

Plea.— "Xot guiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Oracon, a 3Ioro, "to 
be hanged by the neck until he is dead, at such place as the reviewing authority may 
direct, an unanimous concurrence therein." 

In the foregoing case of Oracon, a Moro, a plea of guilty offered by the accused 
was properly rejected by the commission, and the case on the merits developed the 
facts, that, in retaliation for a personal chastisement inflicted by deceased upon 
accused about two weeks before the crime, for some dereliction of duty or service, 
the latter entered the house of the former in the night time and cut and stabbed him 
and his servant to death with many blows of a kris. The accused made an unsworn 
statement at the trial admitting the fact essential to constitute the crime charged, 
differing from the case of the prosecution only in a denial of the alleged motive and 
substituting therefor the statement that the crime was committed because one Eofo 
Magbuanya ordered it, and the order was obeyed because accused believed Rofo 
to be a brave man. It does not appear that Rofo Magbuanya had any official author- 
ity over accused and the sole factor influencing obedience springs from the very flat- 
tering opinion accused claims he had for the personal bravery of the man who 
instigated this very cowardly assassination of an unarmed man and a defenseless 
woman. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Davao, island of Mindanao, P. L, on the 2d day of 
August, A. D. 1901, under the direction of the commanding general, Department of 
Mindanao and Jolo. 

By command of Major-General Mc Arthur. 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines. 

Manila, P. I., Jrme 17, 1901. 
General Orders, Xo. 123. 

Before a military commission which convened at the Pueblo of Gerona, Tarlac 
Province, Luzon, P. I., pursuant to paragraph 3, Special Orders, Xo. 193, Xovember 



CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 179 

9, 1900, Headquarters Department of Northern Luzon, and of which Capt. Robert K. 
Evans, Twelfth U. S. Infantry, was president, and First Lieut. George H, Shields, jr., 
w'as judge-advocate, was arraigned and tried Juan Aganon, Cosme Salmos, Antonio 
Taguinaldo, Juan Pagaragan, Cecilio Manavis, and Fausto Manavis, natives. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Juan Aganon, Cosme Salmos, Antonio Taguinaldo, Juan 
Pagaragan, Cecilio ^lanavis, and Fausto ]Manavis, natives, and each of them, at the 
Pueblo of Pura, Province of Tarlac, Luzon, P. L, in territory, then, as now, occupied 
by United States troops, and at a time, then as now, of insurrection against the 
lawful authority of the United States, did willfully, feloniously, and with malice 
aforethought, kill and murder Esteban Versosa, the chief of police, a native, by stab- 
bing the said Versosa with knives held in the hands of the said Juan Aganon, Cosme 
Salmos, Antonio Taguinaldo, and Juan Pagaragan. This at the place above specified 
on or about December 1, 1900." 

Pleas. — "Not guilty." 

Findings. — "C-ruilty." 

Sentence. — And the commission does therefore sentence them, Juan Aganon, Cos- 
me Salmos, Antonia Taguinaldo, Juan Pagaragan, Cecilio Manavis, and Fausto jMan- 
avis, natives, and each of them, "To be hanged by the neck until dead, at such time 
and place as the reviewing authority may direct, two-thirds of the members concur- 
ring." 

In the foregoing case of Juan Aganon, Cosme Salmos, Antonio Taguinaldo, Juan 
Pagaragan, Cecilio Manavis, and Fausto Manavis, it appears that these accused, 
prompted by the secret accusations of the Katipunans to the effect that their victim 
was an American spy, lured Esteban Versosa, chief of police of the Pueblo of Pura, 
Province of Tarlac, to the outskirts of the town on the pretext of necessity for visit- 
ing his guard, and there boloed him to death. The actual participation in this crime 
by all of these accused is fully established by direct evidence, and they offer no evi- 
dence, explanation, or statement to meet the proof. 

So long as secret societies exist, whose purpose it is to evade the laws, and men are 
found willing to execute their secret orders of assassination, so long must the laws, 
both of peace and of war, be invoked to suppress them. Working in secret and 
taking vengeance, now upon the good and now upon the bad — as suits their criminal 
inclinations — the members of these societies become enemies of all men — of friend 
and foe alike — and so long as they flourish the common interests and happiness of 
the inhabitants of the country they invest must languish. 

The sentence, approved by the department commander, is confirmed, and as against 
Juan Aganon and Fausto Manavis will be duly executed at the Pueblo of Gerona, 
Province of Tarlac, Luzon, P. I., on the (twelfth) 12th day of July, A. D. 1901, under 
the direction of the commanding general. Department of Northern Luzon. As against 
these accused, Cosme Salmos, Antonio Taguinaldo, Juan Pagaragan and Cecilio Man- 
avis, their sentences and that of each of them is connnuted to imprisonment at hard 
labor for the j^eriod of th^ir natural lives, and as thus commuted will be duly exe- 
cuted at the Presidio de ^Manila, to \vhich place they, and each of them, will be sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. I., June 17, 1901. 
General Orders, No. 124. 

Before a military commission which convened at the pueblo of Tarlac, province of 
Tarlac, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 193, Headquarters 
Department of Northern Luzon, November 9, 1900, and of which Captain Robert K. 
Evans, Twelfth U. S. Infantry, was president, and First Lieutenant George H. 
Shields, jr., Twelfth U. S. Infantry, was judge-advocate, was arraigned and tried 
Fructuoso Sembrano, native. 

Charge. — " Violation of the laws of war." 

Specification 1. — "In that he, Fructuoso Sembrano, having, in time of insurrection, 
to wit, December, 1899, accepted under the United States, the office of presidente 
of pueblo of Gerona, province of Tarlac, territory, then, as now, occujiied by Fruited 
States forces, did afterwards take part with and lead a band of outlaws in an attack on 
American troops. This at Oa Oa, province of Tarlac, on or about October 25, 1900." 

Specification 2. — "In that he, Fructuoso Sembrano, native, did in territory then 



180 CHAKCtES of CKUELTY. etc., to FILIPIIS^OS. 

as now occupied. In- United States troops, and at a time then as now of insurrection 
ao^ainst the lawful authority of the United States, organize a band of outlaws, fifty, 
more or less in number, and having caused a detachment of American soldiers to be 
enticed from their quarters by a band of musicians, did cause said detachment to 
be surrounded and attacked by said l^and of outlaws, armed with bolos and rifles, 
and did then and there kill and murder William F. Steiner and Otto Seaholm, and 
wound Arthur V. Farrar, James Carr. and William Haler, all soldiers of Company 
L, Seventeenth U. S. Infantrv. This at or near Oa Oa, province of Tarlac. October 
25, 1900." 

Spedticotion 3. — '"In that he. Fructuoso Sembrano. native, did at a time then as 
now of insurrection against the lawful authority of the United States, and in territory 
then as now occupied by the military authorities of the United States, receive and 
accept from insurgent leader. Jose Alejandrino, an appointment as governor of the 
military province of Pangasinan. This on or about December 9, 1900.'' 

Additional charge. — "Violation of the laws of Avar." 

SpeciMcaiion I. — "In that Fructuoso Sembrano, native, did in territory then as 
now occupied by the United States troops, and at a time then as now of insurrection 
against the lawful authority of the United States, organize and lead a band of out- 
laws, fifty, more or less in number, armed with rifies, and did attack and fire U23on 
the troops stationed at Paniqui, province of Tarlac, Luzon, P. L, and by reason of 
said attack, did then and there kill and murder Teresa Palarca. a native child, of 
said pueblo, by the fire from rifles held in the hands of said outlaws. This at Pani- 
qui, P. I., on the 12th day of September, 1900." 

Spec'iiication 2. — "In that Fructuoso Sembrano. native, did in territory then as now 
occupied by the United States troops, and at a time then as now of insurrection agauist 
the lawful authority of the United States, organize and command a band of outlaws, 
names and numl^ers unknown, to tear up the railroad track, a public highway, over 
which were being daily transported mails, troops, and supplies belonging to the 
United States and cut and destroy the telegraph line along the said railway, in the 
vicinity of Gerona, Paniqui. and 3Ioncada. P. L, which breaking and tearing up of 
said railway and telegraph line did interrupt public travel and did cause a railway 
train to be wrecked. This in the province of Tarlac, Luzon. P. I., on the 14th dav 
of October, 1900." 

Specification 3. — "In that Fructuoso Sembrano. native, did in territory then as 
now occupied by United States troops, and at a time then as now of insurrection 
against the lawful authority of the United States, command a band of outlaws, fifty, 
more or less in number, armed with rifles, and did fire upon United States troops 
and resist the lawful authority of the United States. This near the barrio of Kiosan, 
pueblo of Mariones. province of Tarlac. Luzon. P. I. . on the 29th dav of December 
1900." 

Specification 4- — "In that Fructuoso Sembrano, native, did, in the capacity of 
msm'gent civil governor, and military commander under the so-called insurgent gov- 
ernment, in the province of Tarlac. Luzon. P. I., cause secret societies to be organ- 
ized and maintained in the pueblos of Camiling, San Clemente, Moncada, Pura, 
Paniqui, Gerona, San Ignacio, and Anao and others, and did aid, coimsel and advise 
the inhabitants thereof, to resist the lawful authority of the L'nited States, and by 
the aid of such imlawful organization, did cause the death of one Esteban Versosa, 
chief of police of the pueblo of Pura, province of Tarlac, Luzon, P. I. This within 
the theater of military operations, in the territory, then, as now, occupied by Ignited 
States, troops, and in a time. then, as now, of insurrection and rebellion, between 
the first day of May and the twenty-ninth day of December, 1900." 

Plea. — To the first specification, first charge, "not guilty." To the second si3eci- 
fication, first charge, "not guilty." To the third specification, first charge, "guilty." 
To the first charge, ' ' guilty. ' ' To the first specification, additional charge. ' ' not 
guilty." To the second specification, additional charge, "not guilty." To the third 
specification, additional charge, "not guilty." To the fourth specification, additional 
charge, "not guilty." To the additicmal charge, "not guilty." 

Finding. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Fructuoso Sembrano, 
native. "To be hanged by the neck until dead, at such time' and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring." 

In the foresoing case of Fructuoso Sembrano, native, it appears of record that the 
accused had taken the oath of allegiance to and the oflice of presidente local of the 
pueblo of Gerona, Tarlac. under the Government of the United States; that there- 
after, in secret ways, he devoted his abilities to furthering the cause of the insurrec- 
tion, until being suspected of treachery and criminal misdeeds, he fled to the hills 
and engaged in active warfare against the Government he had sworn to support. 



CHAKGES OF CRUELTY. ETC., TO FILIPINOS. 181 

For his fidelity to the insurgent cause, he was rewarded with the office of civil and 
military governor of Pangasinan. In his new capacity as an insurgent chief, he 
issued instructions to his subordinates, from which the following extracts are taken: 

"Also order all persons in your jurisdiction to employ great astuteness in trying to 
capture arms from the enemy, and if any of the enemy are in the habit of taking a 
walk, your people must try to kill him and take his arms. You will immediately 
advise' me the name of the person who captured the arms, that I may advise our 
government. The money that may be found on the enemy must be given to the 
brother (Katipunan) who obeved this order. Return this order and comply. 
November 14, 1900." 

[Translated from "11003110."] 

"Mount Bingbato, September 9, 1900. 
*' To the chief of the touii of Pura : 

"By this present I nominate you chief of this town and you may from this date 
order its affairs and inhabitants. You will follow strictly the following rules: 1. 
Make out an act signed by all the brotherhood, using their nicknames, that they 
will defend the cause of their mother country. 2. Cause all those to disappear who 
oppose this measure, or who become traitors to our holy cause. 7. The town that 
does not revolt with us will be at once destroyed and the people punished accord- 
ingly. 10. All secret spies will be killed (translated murdered) or sent alive to this 
camp. ' ' 

These thinly-veiled orders to assassinate unsuspecting victims, the evidence plainly 
shows, had their intended effect, both upon American soldiers and natives, and in at 
least one specific instance, the accused directly instigated and caused the assassination 
of a native policeman of Pura. 

That he is guilty as charged there is no reasonable doubt. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the period of his natural life. The Pres- 
idio de Manila is designated as the place of confinement, to which the prisoner will 
be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Baeey, 
Brigadier- General, U. S. Volunteers, Chief of Staff . 



Headquaetees Division of the Philippines, 

Manila, P. L, June 17, 1901. 
C4eneral Orders, Xo. 125. 

Before a military commission which convened at the pueblo of Xueva Caceres, 
province of Camarines Sur, Luzon, P. L, pursuant to paragraph 8, Special Orders, 
Xo. 8, Headquarters Department of Southern Luzon, January 8, 1901, and of which 
Lieut. Col. Almond B. Wells, Xinth U. S. Cavalry, was president, and First Lieut. 
James A. Ryan, Xinth JJ. S. Cavalry, was judge-advocate, were arraigned and tried. 

I. Feliciano Abez, native. 

Chaege I. — "Kiclnaping." 

Specification. — "In that he, Feliciano Abez, native, in company of and consorting 
with a band of armed outlaws to the number of ten, more or less, did feloniously and 
forcibly seize and carry away, against their will and consent, the following persons: 
Andres Justiano, Valeria Justiano, Panteleon Justiano, Crispini Justiano, Estaban 
Justiano, Leoncia Justiano, Alejandro Justiano, Civila Justiano, Leoncio Justiano, 
Augustin Justiano, and Alejandra Candaleria. This on or about January 6, 1901, 
then, as now, a time of insurrection, at or near the pueblo of Pamplona, Camarines 
Sur, Luzon, P. I., a place then, as now, under the militarv authoritv of the United 
States." 

Chaege II.— "Robbery." 

Specification. — "In that Feliciano Abez, native, in company of and consorting with 
a band of armed outlaws to the number of ten, more or less, did feloniously and 
forcibly take from the presence of Andres Justiano household furniture, clothing, 
and food,_ value unknown, property of the families of Andres and Alejandro Justi- 
ano. This on or about January 6, 1901, then, as noAV, a time of insurrection, at or 
near the pueblo of Pamplona, Camarines Sur, Luzon, P. L, a place then, as now, 
under the militarv authoritv of the L'nited States." 



182 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Charge III. — "Assault with intent to commit murder." 

S2)ec[ficatiou. — "In that Feliciano Abez, native, in company of and consorting with 
a band of armed outlaws to the number of ten, more or less, (lid willfully, feloniously, 
and Avith malice aforethought, assault Andres Justiano, Civila Justiauo, Leoncio 
Justiano, and Augustin Justiano by striking them with clul)s, bolos, and other deadly 
weapons held in the hands of members of said band with intent to commit murder. 
This on or about January 6, 1901, then, as now, a time of insurrection, at or near 
the pueblo of Pamplona, Camarines Sur, Luzon, P. I., a place then, as now, under 
the military authority of the United States." 

Charge IV.— "Murder." 

Specification. — "In that Feliciano Abez, native, in company of and consorting with 
a band of armed outlaws to the number of ten, more or less, did willfully, feloniously, 
and with malice aforethought kill and murder the following persons, viz, Panteleon 
Justiano, Crispini Justiano, Estaban Justiano, Leoncia Justiano, Alejandro Justiano, 
and Alejandra Candeleria, by striking them with clubs, bolos, and other deadly 
weapons held in the hands of members of said band, from which they then and 
there, or shortly afterwards, died. This on or about January 6, 1901, then, 3,s now, 
a time of insurrection at or near the pueblo of Pamplona, Camarines Sur, Luzon, 
P. I., a place then, as now, under the military authority of the United States." 

Plea.—' ' Not guilty. ' ' 

Finding.—' ' Guilty. ' ' 

Sextexce. — And the commission does therefore sentence him, Feliciano Abez, 
native, "to be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members of the commission con- 
curring therein." 

In the foregoing case of Feliciano Abez, native, it appears that the accused, as a 
member and leader of a band of outlaws, armed with spears, palma brava clubs, and 
daggers of hard wood, invaded the house of one Andres Justiano, at the pueblo of 
Pamplona, bound and carried off the whole family there residing, consisting of eleven 
human beings, among whom were two infants in arms, a small girl about one year of 
age, and an aged woman. It is shown that accused caused three men of this party 
to be tied to a tree and in the presence of one of them, who was father and brother 
of the other two, respectively, ordered these two to be killed by blows with palma 
brava clubs and stabbing with wooden daggers. This being done the father himself 
w^as similarly attacked, but subsequently survived his wounds. It is shown that the 
accused himself, in presence of the mothers of the children, stabbed one infant 4 
months of age through and through with a wooden dagger; killed with a club and 
kick in the head another infant 1^^ years of age; broke the neck of an aged woman 
by a blow with a palma brava club; likewise killed a small girl IJ years of age; 
tied to a tree and struck on the head and neck with a club, Valeria Justiano, after 
first striking her infant in arms and breaking its collar bone, and striking her small 
son on the head, from the effects of Avhich he carries a deep scar three inches long. 
Of the eleven victims, six were killed outright and four dangerously wounded until 
believed to be dead. No motive other than a feud existing between accused and this 
family arising about a dispute over a dog and the looting of the house of ]3ortable 
property, appears of record to account for this most hideous and barbarous crime. 

The sentence approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Nueva Caceres, province of Camarines Sur, Luzon, 
P. I., on the 26th day of July, A. D. 1901, under the direction of the commanding 
general. Department of Southern Luzon. 

II. Jose Avila, and Paulino Casio, natives. 

Charge I. — "Murder." 

Specificcdion. — "In that Jose Avila and Paulino Casio, natives, in company of and 
consorting with a band of natives, armed with bolos, twenty-five, more or less, in 
number, did willfully, feloniously, and with malice aforethought kill and murder 
Juan Legaspi, Nicolas Pabon, Baldomero Imena, Aniseta Nueva de Imena, and 
Eugenia Imena, natives, by cutting and stabbing the said Juan Legaspi, Nicolas Pabon, 
Baldomero Imena, Aniseta Nueva de Imena, and Eugenia Imena, with bolos held in 
the hands of said Jose Avila and Paulino Casio, and others of said band, names 
unknown, inflicting wounds therewith, whereof they, the said Juan Legaspi, Nicolas 
Pabon, Baldomero Imena, Aniesta Nueva de Imena, and Eugenia Imena, then and 
there died. This at or near a hemp ranch known as Quisquisan ranch, near the 
barrio of San Isidro, Pueblo of Iriga, province of Camarines Sur, Luzon, P. I., on or 
about October 19, 1900, in time of insurrection against the lawful authority of the 
United States and in territory occupied by United States troops." 

Charge II. — "Assault and battery, with intent to commit murder." 

Specification. — "In that Jose Avila and Paulino Casio, natives, on or about October 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 183 

19, 1900, then, as now, a time of insurrection, at or near a hemjD ranch known as 
Qiiisquisan ranch, near the barrio of San Isidro, pueblo of Iriga, province of Carmarines 
Sur, Luzon, P. I., a place, then, as now, in the theater of active military operations, in 
company with a band of natives to the number of twenty-five, more or less, did will- 
fully, feloniously, and with malice aforethought, and with the intent and j^resent 
ability then and there to kill and murder Margarita Salanoba Legaspi, Mariano Xueva, 
Juana Ceron, and Oirecina Imena, assault and torture the said Margarita Salanoba 
Legaspi, Mariano Nueva, Juana Ceron, and Ofrecina Imena with sundry and divers 
deadly weapons, commonly called bolos, then and there held in the hands of Jose 
Avila and Paulino Casio, and other members of said band, names unknown, inflict- 
ing therewith numerous painful and dangerous wounds upon the bodies of said Mar- 
garita Salanoba Legaspi, Mariano Nueva, Juana Ceron, and Ofrecina Imena. This at 
the time and place above stated." 

Pleas. — "Not guilty." 

Findings.— "Guilty." 

Sentence — And the commission does therefore sentence them, Jose Avila, and 
Paulino Casio, natives, and each of them, ' ' To be hung by the neck until they are 
dead, at such time and place as the reviewing authority may direct, two-thirds of the 
members of the commission concurring therein." 

In the foreging case it appears that these accused, Jose A^ila and Paulino Casio, 
natives, in company with a band of outlaws, entered the houses of one Juan Legaspi, 
at the pueblo Iriga, in the nighttime, actuated by no higher motive than robbery 
and degenerate cruelty and inhumanity, boloed to death five natives, including a 
child 3 years of age and a young girl 11; cut, wounded, and tortured three women, 
one small girl and one man, with the intent to kill them. 

No denial, explanation, or statement is made by these accused to meet the positive 
and direct evidence of their surviving victims and no evidence submitted by the 
defense negatives their guilt. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Nueva Caceres, province of Camarines Sur, Luzon, 
P. I., on the 26th day of July, A. D. 1901, under the direction of the commanding 
general. Department of Southern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

2fanila, P. L, Jane 17, 1901. 
Oeneral Orders, No. 126. 

Before a military commission which convened at the pueblo of Palanoc, island of 
Masbate, P. I., pursuant to paragraph 5, Special Orders, No. 11, Headquarters Depart- 
ment of Southern Luzon, January 11, 1901, and of which Capt. Abner Pickering. Sec- 
ond U. S. Infantry, was president, and First Lieut. Peter E. Marquart, Second U. S. 
Infantry, was judge-advocate, was arraigned and tried: Teribio Ramirrez, native. 

Charge. — " Murder." 

Specification. — "In that h6, Teribio Ramirrez, native, did feloniously and with mal- 
ice aforethought, murder and kill Antonio Echevarria, Juan Echevarria, Julian 
Echevarria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo 
Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and 
Antonio Caldeville, natives, and each of them, by shooting, cutting, stabbing, and 
striking them, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, 
Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, 
Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Calde- 
ville, with guns, revolvers, knives, bolos, and clubs held in the hands of the said 
Teribio Ramirrez, then and there inflicting upon the persons of the said Antonio 
Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Niconedas 
Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Candida de 
los Reyes, Dionisio Bedarugga, and Antonio Caldeville wounds whereof they, the 
said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, 
Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, 
Candida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, and each of them, 
then and there died. This at or near the pueblo of Naro. island of ]Masbate, P. I., 
on or about the 14th dav of August, 1900." 



184 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Plea.— "Not guilty." 

Finding. — " Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Teribio Ramirrez, 
native, "To be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case it appears that the accused, Teribio Ramirrez, native, was one 
of a band of armed outlaws which entered the house of one Antonio Echevarria, at 
Naro, Masbate, on August 14, 1900, robbed it of valuables, conveyed eleven occupants 
to the beach and there murdered them with sabers, bolos, and clubs and then tied 
up the dead bodies in sacks and threw them into the sea. It appears that this 
accused personally killed one of the victims and gave orders that the bodies should 
be disposed of in the above manner. The only motive shown of record is that of rob- 
bery. The accused admitted before the commission that he was present with the 
band. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Masbate, island of Masbate, P. I., on the second (2d) 
day of August,. A. D. 1901, under the direction of the commanding general, Depart- 
ment of Southern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Bngadier- General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

3Iamla, P. I., June 19, 1901. 
General Orders, No. 129. 

Before a military commission which convened at the Pueblo of Pozorrubio, Province 
of Pangasinan, Luzon, P. L, pursuant to paragraph 3, Special Orders, No. 220, Head- 
quarters Department of Northern Luzon, December 8, 1900, and of which Capt. 
Samson L. Faison, Thirteenth U. S. Infantry, was president, and First Lieut. Harvey 
W. Miller, Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried, 
Hermanagildo Viscara and Roman Nicomedes, natives. 

Charge. — ' 'Murder. ' ' 

Specification. — ' ' In that they, Hermanagildo Viscara and Roman Nicomedes, natives, 
at Pozorrubio, Province of Pangasinan, Luzon, P. I., a place then, as now, under 
the military authority of the United States, on or about February 28, 1900, a time, 
then, as now, of insurrection against the authority of the United States, did felo- 
niously kill and murder Calistro Fernandez, a native and resident of Pozorrubbio, P. L, 
by choking him, the sa,id Calistro Fernandez, with their hands and by striking him, 
the said Calistro Fernandez, with an axe, or other heavy and sharp instrument, held 
in the hands of the said Hermanagildo Viscara and Roman Nicomedes, inflicting 
wounds thereby whereof the said Calistro Fernandez, then and there, or shortly 
afterwards, died. This about the time and at the place specified." 

Plea.— "Not guilty." 

Finding. — Of the specification, "Guilty, except the words, 'February 28,' substi- 
tuting therefor the words, 'February 22,' and except the words, 'the time,' substi- 
tuting therefor the words, ' February 22, 1900,' and of the excepted words in each 
case, not guilty, and of the substituted words in each case, suiltv." Of the charge, 
"guilty." 

Sentence. — And the commission does therefore sentence them, Hermanagildo 
A^iscara and Roman Nicomedes, natives, and each of them, "to be confined at hard 
labor at such place as the reviewing authority may direct, for the remainder of their 
natural lives." 

In the foregoing case it appears that these accused, Hermanagildo Viscara and 
Ramon Nicomedes, natives, were members and officials of a band of assassins whose 
purpose was to inspire the community in which it operated with obedience to its will 
through terror by secretly assassinating those coming within its displeasure. In 
pursuance of this purpose, it is shown that these two accused sequestrated and con- 
veyed to an unoccupied house at Pozorrubio, Pangasinan, one Calistro Fernandez, 
and there killed him by choking and crushing in his skull with some cuttins weapon. 
They then compelled natives to convey the body to an isolated spot, where the legs of 
the victim were cut off, the body doubled up and forced into a shallow hole, head 
foremost, and then covered with earth. The motive of the crime is found in the fact 
that deceased was too friendly to the Americans and had acted as a guide for them 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 185 

on several occasions. No reasonable doubt of the guilt of these accused arises from 
the evidence and no mitigating circumstances appear of record. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which place these prisoners, Hermana- 
gildo Yiscara and Roman Xicomedes, will be sent under proper guard. 
By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June 19, 1901. 
General Orders, Xo. 130. 

Before a military commission which convened at San Fernando, province of Pam- 
panga, Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 230, Headquarters 
Department of Northern Luzon, December 19, 1900, and of w^hich Lieut. Col. Green- 
leaf A. Goodale, Third V. S. Infantry, was president, and Capt. William R. Sample, 
Adjutant, Third V. S. Infantry, was judge-advocate, was arraigned and tried Pedro 
Abad Santos, native. 

Charc4E I. — "Violation of the laws of war." 

Specification 1. — "In that Pedro Abad Santos, alias 'Perico,' being at the time a 
captain in the insurgent forces on the staff of the so-called Gen. Maximino Hizon, 
did, with others, threaten with death Florentino Pamintuan, a wealthy citizen of 
San Fernando, province of Pampanga, who had been kidnaped by order of said 
Hizon, and who was unlawfully held as a prisoner by a band of insurgents under said 
Hizon' s command with the object of feloniously extorting money from said Pamin- 
tuan. 

' ' This in the month of May, 1900, in the province of Pampanga, island of Luzon, 
a district, then as now, in insurrection against the L'nited States." 

Specification 2. — "In that Pedro Abad Santos, alias 'Perico,' being at the time a 
captain on the staff of the so-called Gen. Maximino Hizon, of the insurgent forces, 
having with others illegally condemned a native, supposed to be Leoncio Torres, 
captured by said Santos, to death, and being appealed to by said prisoner for mercy, 
did brutally strike with his fist and knock down said prisoner. 

"This in the month of April, 1900, in the house of Mariano David, barrio of San 
Rafael, Mexico, province of Pampanga, in a district, then as now, in insurrection 
against the United States." 

Charge IL— "Murder." 

Specification. — "In that Pedro Abad Santos, alias 'Perico,' being at the time a cap- 
tain of the insurgent forces, on the staff of the so-called Gen. Maximino Hizon, did 
willfully, feloniously, and with malice aforethought kill and murder a native man, 
supposed to be Leoncio Torres, by causing him to be buried alive by men acting in 
accordance with his orders. This in the month of April, 1900, in the barrio of San 
Rafael, Mexico, province of Pampanga, island of Luzon, a district, then as now, in 
insurrection against the United States." 

Plea.—" Not guilty." 

Finding. — Of the first specification, first charge, "guilty;" of the second specifica- 
tion, first charge, "guilty," with the exception of the words 'captured by said Santos,' 
and of the excepted words, ' not guilty;' of the first charge, "guilty;" of the specifi- 
cation, second charge, "guilty;" of the second charge, "guilty." 

Sentence. — And the commission does, therefore, sentence him, Pedro Abad Santos, 
native, "to be hanged i)y the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case it appears that the accused, Pedro Abad Santos, native, was 
the adjutant, secretary, and adviser of General Hizon, the insurgent political mili- 
tary governor of Pampanga Province, having "command of everything" therein and 
that the mihtary authority of accused arose from this connection. It appears that 
this accused was present at the barrio of San Rafael during the month of May, 1900, 
together with two insurgent officers of the line, Lieut. Eusebio Rojas and Capt. Isa- 
bello del Rosario, the last being in command of the detachment of insurgent troops 
there stationed; that a native, Leoncio Torres, was brouglit a prisoner before these 
three officers, charged with V)eing an American spy, and by them condennied to 
death by burying alive. The victim, with arms bound ])ehind him, begged of this 
accused for mercy and was answered by a blow, which knocked him down, and an 
order to the soldiers to take him out and bury him, which was done. 

On the other charge it appears that this accused threatened with death one 



186 CHARGES OF CRUELTY, ETC.. TO FILIPINOS. 

Florentino Pamintuan, presidente of Angeles, who had been kidnaped l)y order of 
General Hizon and held to ransom in the sum of 9,000 pesos, in the event of this 
ransom not being paid, and not mitil the full sum was paid did the prisoner gain his 
liberty. 

While making no denial that both these crimes were committed, the accused seeks 
to avoid criminal responsibility on the statement that Del Eosario was the officer in 
command and the responsible criminal in the commission of the former and General 
Hizon in the latter. 

Ignoring all of the strong evidence showing the actual participation in the perpe- 
tration of these crimes by accused, it still can not be douVjted that had he so willed, 
his protest against the murder of Torres would have been effective. His close rela- 
tions with the commanding general and power to bring the perpetrators of the crime 
to answer to their chief for such violation of the laws of war and humanity strongly 
support this view. It is not contended that he did not give criminal acquiescence to 
this most cruel deed, and by this alone he assumed full criminal responsibility. 
Upon the most favorable view to the accused he was an accomplice by acts of omis- 
sion, if not commission, and in view of the possibility of his negative rather than 
positive criminality, some leniency will be shown him. 

The sentence, approved by the Department commander, is confirmed, but is com- 
muted to confinement at hard labor for the period of twenty-five (2-5) years. As 
thus commuted the sentence will be duly executed at the presidio de Manila, to 
which place the prisoner, Pedro Al)ad Santos, will be sent under proper guard. 

By command of ^Major General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Vols., Chief of Staff , 



Headquarters Division of the Philippixes, 

Manila, P. L, June 20, 1901. 
General Orders, No. 131. 

Before a military commission which convened at the pueblo of Bautista, province 
of Pangasinan, Luzon, P. I., pursuant to paragraph 10, Special Orders, Xo. 34, Head- 
quarters Department of Xorthern Luzon, Februarys, 1901, and of which Capt. Harry 
C. Benson, Fourth U. S. Cavalry, was president, and Second Lieut. Sylvester Bon- 
naff on. Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried: 

I. Gregorio Decasin and Idelfonso de Guzman, natives. 

Charge. — "Murder." 

Specification. — "In that Gregorio Decasin and Idelfonso de Guzman, natives, in com- 
pany of and consorting with a band of ladrones armed with rifles, revolvers, and 
bolos, did willfully, feloniously, and with malice aforethought, murder and kill, 
Antonio Mejia, presidente of Malasiqui, Cicilio Bulatao, justice of the peace, Macario 
Mejia, Felix Centeno, Gavino Macasieb, Francisco Macaraeg, and Jacinto Centeno, 
natives, and delegates of the pueblo of Malasiqui, by shooting them, the above-named 
natives and delegates, with rifles held in the hands of members of said band of 
ladrones, inflicting wounds therewith, whereof they, the above-named natives and 
delegates, did then and there die. This in time, then as now, of insurrection, at or 
near Malasiqui, Pangasinan, Luzon, P. I., a place then, as now, under the military 
government of the United States, on or about the 23d day of November, 1899." 

Pleas. — " Not guilty. ' ' 

Findings. — Gregorio Decasin, "guilty." Idelfonso de Guzman, "not guilty." 

Sentences. — And the commission does therefore "acquit" him, Idelfonso de Guz- 
man, native, and does sentence him, Gregoria Decasin, native, "to be hung by the 
neck until dead, at such time and place as the reviewing authority shall direct, two- 
thirds of the commission concurring therein." 

In the foregoing case, it appears that the accused Gregorio Decasin was an active 
member of an armed band of outlaws that entered the pueblo of Malasiqui, Pangasi- 
nan, November 23, 1899, seized and bound the presidente of the town, the justice of 
the peace and five cabezas or head men, conveyed them to a point at the outskirts of 
the town and there murdered them by shooting, stabl^ing and cutting with guns, 
bayonets, and l^olos. The motive was robbery and retaliation for friendliness on the 
part of the murdered men for the American Government. 

The evidence against accused Idelfonso de Guzman, however, is meager, uncon- 
vincing, and gives ample justification for his acquittal. 

The atrocity of this crime is of such a nature as to leave no room for leniency; the 
crime involving the cruel and wanton nmrder of seven representative inhabitants of 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 187 

the pueblo, and for no other cause than their acceptance of the legitimate American 
Government. 

The sentence against Gregorio Decasin, approved by the department commander, 
is confirmed and will be duly executed at the pueblo of Malasiqui, province of Pan- 
gasinan, Luzon, P. I., on the nineteenth (19th) day of July, A. D. 1901, under the 
direction of the commanding general, Department of Northern Luzon. 

XL Idelfonso de Guzman and Victor Mamaiel, natives. 

Chaege.—" Murder." 

Specification 1. — "In that Idelfonso de Guzman and Victor Mamaiel, natives, in 
company of and consorting with a band of ladrones armed with rifles and bolos, did 
willfully, feloniously and with malice aforethought, murder and kill Juan Centeno, 
Alejandro Flores, and Pablo Caldona, natives, by shooting them and by cutting them, 
the above-named natives, with said rifles and bolos held in the hands of members of 
said band of ladrones, inflicting wounds therewith whereof they, the above-named 
natives, then and there died." 

"This on or about December 10, 1899, in time, then as now, of insurrection, at or 
near Malasiqui, Pangasinan, Luzon, P. L, a place then as now under the military 
government of the United States." 

Specification 2 . — "In that Idelfonso de Guzman and Victor Mamaiel, natives, in 
company of and consorting with a band of ladrones, armed with rifles and bolos, did 
wilfully, feloniously, and with malice aforethought murder and kill Domingo Jua- 
quin, native, by shooting him and cutting him, the said Juaquin, with rifles and 
bolos, held in the hands of members of the said band of ladrones, inflicting wounds 
therewith, whereof he, the said Juaquin, then and there died. This on or about 
December 15, 1899, in time, then as now, of insurrection, at or near Malasiqui, Pan- 
gasinan, Luzon, P. I., a place then as now under the militarv government of the 
United States." 

Pleas.— "Not guilty." 

Findings. — Idelfonso de Guzman, "guilty." Victor Mamaiel, of the first specifi- 
cation, "guilty;" of the second specification, "not guilty;" of the charge, "guilty." 

Sentences. — And the commission does therefore sentence them, Idelfonso de Guz- 
man and Victor Mamaiel, natives, and each of them, "To be hung by the neck until 
dead, at such time and place as the reviewing authority shall direct, two-thirds of 
the commission concurring therein." 

In the foregoing case, it appears that these accused, Idelfonso de Guzman and Vic- 
tor Mamaiel, natives, were members of a band of aimed outlaws which first kid- 
naped and then murdered Juan Centeno, Alejandro Flores, and Pablo Caldona, at 
or near Malasiqui, Pangasinan, P. I., December 10, 1899, and five days later similarly 
kidnaped and murdered Domingo Juaquin. 

These murders were wanton and seemingly without other motive than robbery or 
depravity. It appears, however, that the accused, Victor Mamaiel, took a less active 
part than the other accused in the commission of the crimes, and for this reason the 
department commander, in approving the sentence, has recommended clemency in 
his case. 

The sentence is confirmed, and, as against accused, Idelfonso de Guzman will be 
duly executed at the pueblo of Malasiqui, province of Pangasinan, Luzon, P. I., on 
the nineteenth (19th) day of July, A. D. 1901, under the direction of the command- 
ing general, Department of Northern Luzon. 

In the case of Victor Mamaiel, the sentence is commuted to confinement at hard 
labor for the period of fifteen (15) years, and as thus commuted will be duly executed 
at the presidio de Manila, to which place he, the said Victor Mamaiel, will l^e sent 
under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff". 



Headquarters Division of the Philippines, 

3faniln, P. L, Jinic 2G, 1901. 
General Orders, No. 132. 

Before a military commission which convened at the pueblo of Paniqui, province 
of Tarlac, Luzon, P. L, pursuant to paragraph 8, Special Orders, No. 193, Headquar- 
ters Department of Northern Luzon, November 9, 1900, and of which Capt. Robert 
K. Evans, Twelfth U. S. Infantry, was president, and First Lieut. George H. Shields, 
jr.. Twelfth U. S. Infantry, was judge-advocate, were arraigned and tried Patricio 
Sanches and Fausto Sanches, natives^ 



188 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Charge I. — "Robbing in bands." 

Specification. — "In that they, Patricio Sanches and Fausto Sanches, natives, and 
each of them, on or about January 3, 1901, at or near the barrio of San Agustin, 
pueblo of San Juan de (Tuimba, province of Nueva Ecija, Luzon, in territory then, 
as now, occupied by United States troops, and at a time then, as now, of insurrection 
against the lawful authority of the United States, did, in company of and consorting 
with a band of armed outlaws, to the number of five, more or less, feloniously and 
forcibly take from the presence of the owner or custodian thereof two caraboas 
(value unknown), the property of Victor Torio, native, and Lucio Bernabe, native, 
and of which the said Lucio Bernabe was custodian. This on or about the date and 
at or near the place specified." 

CharctE II. — "Murder." 

Specification. — "In that they, Patricio Sanches and Fausto Sanches, natives, and 
each of them, on or about January 3, 1901, at or near the barrio of San Agustin, 
pueblo of San Juan de Guimba, province of Nueva Ecija, Luzon, in territory then, 
as now, occupied by United States troops, and at a time then, as now, of insurrection 
against the lawful authority of the United States, did, in company of and consorting 
with a band of armed outlaws, to the number of five, more or less, willfully, feloni- 
ously, and with malice aforethought, kill and murder one Lucio Bernabe, a native, 
by shooting him, the said Lucio Bernabe, with rifles held in the hands of said band, 
oi' which they, the said Patricio Sanches and Fausto Sanches, and each of them, were 
members, inflicting wounds therewith whereof he, the said Lucio Bernabe, then and 
there died. This on or about the date and at or near the place specified." 

Plea.— "Xot guilty." 

Finding. — Of the specification, first charge, "guilty, except the words 'Victor 
Torio,' substituting therefor the words 'Pedro Victorio,' of the excepted words not 
guilty, of the substituted words guilty." Of the first charge, "guilty." Of the speci- 
fication, second charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Patricio Sanches, 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring. ' ' 

And the commission does therefore sentence him, Fausto Sanches, native, "to be 
confined at hard labor, under guard, at such place as the reviewing authority may 
direct, for the period of his natural life." 

In the foregoing case it appears that the accused, Patricio Sanches and Fausto 
Sanches, were members of a band of armed outlaws which made an attack upon the 
village of San Juan de Guimba, Xueva Ecija, took two caraboas from the custody of 
and killed one Lucio Bernabe. The accused, Patricio Sanches, it is shown, person- 
ally killed deceased by shooting him twice with a rifle; and the accused, Fausto 
Sanches, to have been a willing member of the band combined together for the com- 
mission of this crime. 

The sentence, approved by the department commander, is confirmed, but, in accord- 
ance with his recommendation, the sentence against Patricio is commuted to imprison- 
ment at hard labor for the period of his natural life. As thus commuted, and as also 
the sentence against Fausto Sanches, will be duly executed at the Presidio de Manila, 
to which place the prisoners will be sent under proper guard. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, June eo, 1901. 

General Orders, Xo. 133. 

Before a military commission which convened at the pueblo of Sorsogon, province 
of Sorsogon, Luzon, P. I., pursuant to j^aragraph 1, Special Orders, Xo. 203, Head- 
quarters Department of Southern Luzon, Xovember 4, 1900, and of which Maj. Keller 
Anderson, Forty-seventh Infantry, U. S. Volunteers, was president, and Capt. John 
C4. Livingston, adjutant. Forty-seventh Infantry, U. S. Volunteers, was judge-advo- 
cate, was arraigned and tried Santiago Escobeda, native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that on the 3d day of January, A. D. 1901, at or about the hour 
of 10 o'clock a. m., then, as now, a time of insurrection, at the town of Gubat, prov- 
ince of Sorsogon, Luzon, P. I., a place then, as now, occupied by the military forces 
and under the military government of the United States, one Santiago Escobeda, 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 189 

native, did, on the day and at the place aforesaid, by and with the help of four others, 
willfully, feloniously, and with malice aforethought, then and there bind, assault, 
murder, and kill one Feliz Buenaventura, a native, by then and there cutting with 
a sharj) instrument the throat of the said Feliz Buenaventura, then and there, and in 
the manner aforesaid, inflicting on the said Feliz Buenaventura a wound, from which 
wound the said Feliz Buenaventura died almost immediately. This at Gubat, 
province of Sorsogon, Luzon, P. L, on the 3d day of Januarv, 1901." 

Plea. — ' ' Not guilty. " - 

Finding.— "Guilt^^" 

Sentence. — And the commission does therefore sentence him, Santiago Escobeda, 
native, "to be confined at hard labor at such place as the reviewing authority may 
direct for fifteen (15) years." 

In the foregoing case of Santiago Escobeda, native, it appears that the accused, by 
his own admission before the commission, took an active part ])y seizing and holding 
the deceased by the throat while his companions stabl^ed him to death iDy Ijlows with 
a dagger. Xo motive appears of record for taking the life of this law-abiding man. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de 3Ianila, to which place the i^risoner, Santiago Esco- 
beda, native, will be sent, under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June 22, 1901. 
General Orders, Xo. 135. 

Before a military commission which convened at the pueblo of Batangas, Province 
of Batangas, Luzon, P. L, pursuant to paragraph 11, Special Orders, No. 228, Head- 
quarters Department of Southern Luzon, November 30, 1900, and of which Maj. 
Frederick K. AVard, First L^. S. Cavalry, was president, and First Lieut. Edgar T. 
Cowley, Twenty-first U. S. Infantry, was judge-advocate, was arraigned and tried: 
Fortunato Cusi, a native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Fortunato Cusi, a native, did feloniously assault with a 
knife or dagger and did wilfully, maliciously, premeditatedly, and with malice afore- 
thought kill a native named Felipe Garcia, by inflicting upon him several wounds or 
cuts of which he, the said Felipe Garcia, died during the same day. This at or 
near the barrio of Laguas, Pueblo of Banan, Province of Batangas, Luzon, P. I., on 
the 1st dav of Februarv, 1901." 

Plea.— "Not guilty." 

Finding. — Of the specification, "guilty except the words 'premeditatedly and with 
malice aforethought,' and of the excepted words, not guilty." Of the charge, "not 
guilty, but guilty of manslaughter." 

Sentence. — And the commission does therefore sentence him, Fortunato Cusi, 
native, "To be confined at hard labor for twenty (20) years, at such place as may 
be designated by the proper authority." In the foregoing case it appears that the 
accused, Fortunato Cusi, attacked and killed with a dagger one Felipe Garcia, actu- 
ated by jealousy arising from alleged attentions paid by deceased to a girl to whom 
accused was engaged. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which place the prisoner, Fortunato 
Cusi, Avill be sent under proper guard. 

By command of ]Major-General MacArthur. 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. I., June 22, 1901. 
General Orders, No. 136. 

Before a military commission which convened at the Pueblo of Bautista, Province 
of Pangasinan, Luzon, P. I., pursuant to paragraph 10, Special Orders, No. 34, Head- 
quarters Department of Northern Luzon, February 5, 1901, and of which Capt. Harry 



190 CHAEGES OF CKUELTY, ETC., TO FILIPINOS. 

C. Benson, Fourth U. S. Cavalry, wa8 president, and Second Lieut. Sylvester Bonuaf- 
fon, Thirteenth V. S. Infantry, was judge-advocate, were arraigned and tried Felix 
Fernandez and ^'aleriano Fernandez, natives. 

Charge. — " Murder. ' ' 

Specification. — "In that Felix Fernandez and Yaleriano Fernandez, natives, did, 
in time, then, as now, of insurrection, willfully, feloniously, and with malice afore- 
thought murder and kill Lorenzo Mendoza with a bolo, inflicting wounds whereof 
the said Mendoza then and there died. This at Dinacuan, a barrio of Malasiqui, 
Province of Pangasinan, a place then, as now, within the theater of military opera- 
tions of the United States forces, on or about the ninth dav of November, 1900. 

Plea.— "Xot guiky." 

Finding. — Of the specification, "guilty, except the words 'murder and kill,' sub- 
stituting therefor the words ' by entering with the actual murderer, by their presence 
without protest, assist in the killing and murdering of;' of the excepted words, not 
guilty; of the substituted words, guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Felix Fernandez 
and Valeriano Fernandez, natives, and each of them, "To be confined at hard labor 
under charge of a guard, at such place as the reviewing authority may direct, for a 
period of twenty years." 

In the foregoing case of Felix Fernandez and Valeriano Fernandez, natives, the 
character of evidence submitted by the prosecution is not convincing on the question 
of the guilt of accused beyond a reasonable doubt. There is want of motive and the 
accusing witnesses disclose such lack of frankness in their evidence as to raise a 
strong presumption of intent to conceal, distort, or falsify facts material to the deter- 
mination of the cause. 

The sentence, therefore, is disapproved and these accused will be set at liberty. 

By command of Major-General MacArthur: 

Thomas H. BAREy, 
Brigaclier-Genercd, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, June 22, 1901. 
General Orders, No. 137. 

Before a military commission, which convened at Iloilo, Panay, P. I., pursuant to 
paragraph 3, Special Orders, No. 2, Headquarters Department of the Visayas, Jan- 
uary 3, 1901, and of which Lieut. Col. Charles J. Craile, Thirty-eighth Infantry, L'. S. 
Volunteers, was president, and Capt. William G. Fleischhauer, Thirty-eighth 
Infantry, V . S. Volunteers, was judge-advocate, was arraigned and tried Florentino 
Lucin, a native. 

Charge I. — "Being a war traitor." 

Specification 1. — "In that on or about the 1st day of August, 1900, and at divers 
times since that date, then, as now, a time of insurrection, one Florentino Lucin, 
native, being then and there and on all of said days and dates an inhabitant of, and 
residing in, the pueblo of Cabatuan, island of Panay, P. I., then, as now, a place 
occupied- by the military forces and under the military government of the United 
States, did, without the consent of the military government of the L^nited States, or 
any military commander thereof, hold intercourse with the enemy in this that he, 
the said Florentino Lucin, native, did then and there receive from and send letters 
to, and hold secret conferences with, the leaders of the insurgents. This at the 
times and place mentioned." 

Specification 2. — "In that on or about the 1st day of August, 1900, and at divers 
times and days since said date, then, as now, a time of insurrection, one Florentino 
Lucin, native, he, the said Florentino Lucin, being then and there an inhabitant of, 
and residing in, the pueblo of Cabatuan, island of Panay, P. I., then, since, and now 
a place occupied by the military forces and under the military government of the 
L^nited States, did, without authority of the L^nited States military government or 
any military commander thereof, hold intercourse with the enemy, in this that he, 
the said Florentino Lucin, native, did then and there and at the times above men- 
tioned deliver and cause to be delivered to the leaders of the insurgents certain 
money, food, and clothing for the use of the insurgent forces then and there engaged 
in insurrection against the duly constituted authority of the L'nited States. This at 
the times and j^lace mentioned." 

Specification S. — "In that on or about the 1st day of August, 1900, then, since, and 
now a time of insurrection, one Florentino Lucin, native, was and since has been a 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 191 

member, presidente, and treasurer of the Katipunan of the pueblo of Cabatuan, 
island of Panay, P. I., a society organized and instituted for the purpose of aiding, 
assisting, and supporting the insurgent forces in their rebellion against the lawfully 
constituted authority of the United States, by then and there contributing and col- 
lecting money, food, and clothing for said insurgent forces, the said Florentino Lucin, 
native, being then and there and at all times above mentioned an inhabitant of, and 
residing in, the pueblo of Cabatuan, island of Panay, P. I., since and now a place 
occupied by the military forces and under the military government of the United 
States. This at the times and place above mentioned." 

Chaege II. — "Rendering aid and comfort to the enemy." 

Specificatiou. — "In that on or about the 1st day of August, 1900, and at divers times 
and days since said date, then, as now, a time of insurrection, one Florentino Lucin, 
native, being then and there an inhabitant of, and residing in, the puelDlo of Cabatuan^ 
island of Panay, P. I., a place then and ever since occupied ])y the military forces 
and under the military government of the United States, did, then and there, in 
violation of his duties as such resident, give and render aid and comfort to the enemy 
in this that he, the said Florentino Lucin, native, did then and there solicit and 
collect large sums of money and large quantities of rice and clothing from the resi- 
dents of the aforesaid pueblo of Cabatuan, island of Panay, P. I., and its adjacent 
barrios, and did afterwards, to wit, on or about the dates mentioned above, dehver 
and cause to be delivered to the insurgent forces the aforesaid money, rice, and 
clothing so collected as aforesaid. This at the times and places mentioned." 

Plea. — To the first specification, first charge, "not guilty." To the second speci- 
fication, first charge, "not guilty." To the third specification, first charge, "not 
guilty." To the first charge, "not guilty." To the specification, second, charge, 
"not guilty." To the second charge, "not guilty." 

Additional charge I. — "Violating the oath of allegiance." 

Specification 1. — "In that Florentino Lucin, a native, having on or about the 3d 
day of December, 1900, then, ever since, and now, a time of insurrection, voluntarily 
taken and subscribed to the oath of allegiance to the United States in the words and 
figures substantially as follows, to wit: 

^Jurcimento cle fidelidad. 

' Ciudad de Cabatuan, Isla de Panay. 
' Yo, Florentino Lucin, por la presente, renuncio a toda sumision a cualquiera de 
y a todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y 
acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; 
y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; ciue en 
todo tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas islas y 
no mantendre relaciones directa ni indirectamente con, ni facilitare noticias li, ningiin 
enemigo de los Estados Unidos, ni prestare apoyo, ayuda 6 proteccion a semejante 
enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntacl, sin 
reservas mentales de ningun genero ni proposito de evadirla y asi Dios me ayude. 

'Florentino Lucin. 
'Firmado y jurado ante mi, hoy, dia 3 de Diciembre, 1900.' 

"Did afterwards, to wit, on or about the 14th day of December, 1900, violate said 
oath of allegiance so taken as aforesaid by then and there holding secret conferences 
with leaders of the insurgents, he, the said Florentino Lucin, being then and there 
an inhabitant of, and residing in, the pueblo of Cabatuan, island of Panay, P. I., a 
place then, ever since, and now, occupied by the military forces and under the mili- 
tary government of the L^nited States. 

"This at the times and places above mentioned." 

Specificcition 2 . — "In that Florentino Lucin, a native, having on or about the 3d 
day of December, 1900, then, ever since, and now, a time of insurrection, voluntarily 
taken and subscribed to the oath of allegiance to the United States in words and 
figures substantially as follows, to wit: 

'Juramento de fidelidad. 

' Ciudad de Cabatuan, Isla de Panay. 
'Yo, Florentino Lucin, por la presente, renuncio d toda sumision a cualquiera de y 
u todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y 
acepto la autoridad suprema de los Estados L'^nidos de America en ellas establecida; 
y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; queen 
todo tiempo mi conducta serii la de un ciudadano fiel y pacifico de dichas islas y no 



192 CHARGES OF CRUELTY. ETC.. TO FILIPI^^'OS. 

mantendre relaciones directa ni iedirectamente con, ni facilitare noticias a, ningiin 
enemigo do los Estados Unidos. ni prestare apoyo, a^-uda 6 proteccion a semejante 
enemigo. Que me impongo esta obligacion de mi libre y espontanea voliintad, sin 
reservas mentales de ningiin genero ni proposito de evadirla y asi Dios me ayude. 

'Florextino Lucrx. 
^ 'Firmado y jiirado ante mi, hoy, dia 3 de Diciembre, 1900.' 

"Did afterwards, to wit, on or about the 14th day of December. 1900, violate said 
oath of allegiance so taken as aforesaid by then and there harboring and entertain- 
ing leaders of insurgents at his house, he, the said Florentino Lucin, being then and 
there an inhabitant of, and residing in, the pueblo of Cabatuan. islandof Panay, 
P. I., a place then, ever since, and now. occupied by the military forces and under 
the military government of the ITnited States. 

''This in the times and place above mentioned.'' 

Specification S. — '"In that Florentino Lucin, a native, having on or about the 3d 
day of December. 1900, then, ever since, and now. a time of insurrection, voluntarily 
taken and subscribed to the oath of allegiance to the United States in the words and 
figm'es substantially as followSr to wit: 

''Juro.mento de fidelidod. 

"ClUDAD DE CaBATUAX. IsLA DE PaXAY. 

" Yo. Florentino Lucin, porla presente. renmicio a toda sumision a cualquiera de y 
a todos los titulados gobiernos revoluciouarios en las Islas Filipinas, y reconozco y 
acepto la autoridad suprema de los Estados L'nidos de America en ellas establecida; 
y jui'o solemnemente guardar verdadera fe y lealtad hacia aquel Gobiemo; que en 
todo tiempo mi conducta serd la de un ciudadano fiel y pacifico de dichas islas, y no 
mantendre relaciones directa ni indirectamente con, ni facilitare noticias a, ningiin 
enemigo de los Estados L'nidos, ni prestare apoyo, ayuda 6 proteccion a semejante 
enemigo. Que me impongo esta obligacion de mi libre y espontcinea voluntacl, sin 
reservas mentales de ningiin genero ni proposito de evadirla, y asi Dios me ayude. 

"Floeextixo Luciy. 

"Firmado y jurado ante mi. hoy. dia 3 de Diciembre, 1900." 

"Did afterwards, to wit: On or about the 14th day of December, 1900, ^-iolate said 
oath of allegiance so taken as aforesaid, by then and there aiding, abetting, and assist- 
ing the insurgents in burning the pueblo of Cabatuan. P. I., he, the said Florentino 
Lucin, being then and there an inhabitant of, and residing in. the pueblo of Cabatuan. 
Panay, P. L. a place then, ever since, and now occupied by the military forces, and 
under the military government of the United States. 

'•This at the times and place above mentioned." 

Additional Charge II. — "Ajrson." Specification. — "In that on or about the 14th 
day of December, 1900. then, as now. a time of insurrection, at or near the pueblo of 
Cabatuan. island of Panay, P. I., a place then, as now, a part of the territory and 
under the military government of the L'nited States, one Florentino Lucin. a native, 
then and there did wilfully, feloniously, and maliciously order, direct, and cause to 
be burned in the night time 100 dwellmg houses, more or less, in the said pueblo of 
Cabatuan. island of Panay. P. I." 

Plea. — To the first specification, first additional charge, "not guilty;" to the sec- 
ond specification, first additional charge, "not guilty:" to the third specification, first 
additional charge, '"not guilty :"' to the first additional charge, "not guilty:" to the 
specification, second additional charge. " ' not guilty;" to the second additional charge, 
"not guilty." 

Finding. — Of the fii'^st specification, first charge, "guilty, except the words "and 
hold secret conferences with, ' and of the excepted words, ' not guilty. ' " Of the second 
specification, first charge, "guilty:" of the third specification, fii-st charge, "guilty;" 
of the first charge, "guilty;" of the specification, second charge, "guilty;" of the 
second charge, "guilty:" of the first specification, first additional charge, "not guilty;" 
of the second specification, first additional charge, "guilty:" of the third specification, 
first additional charge, "guilty:" of the first additional charge, "guilty:" of the 
specification, second additional charge, "guiltv:'" of the second additional charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Florentino Lucin, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
re\'iewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Florentino Lucin it appeal's that the court erred in pro- 
ceeding to try the accused upon additional charges after the prosecution had rested 
and the defense had been heard upon charges originally referred to the commission. 
This portion of the proceedings and all relating exclusively thereto must be disap- 
proved as iiTegular and unauthorized under the established procedure of commissions. 
Independent of these additional charges and the evidence relating thereto, the 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 193 

proceedings in this case show beyond all doubt that the accused was a war traitor of 
the most pronounced and active kind. 

The sentence is therefore conhrmed, but in view of the irregularity ab.:>ve men- 
tioned which makes it necessary to disregard some of the grave charges against the 
accused, the sentence is commuted to fifteen (15) years imprisonment at hard labor, 
and, as thus commuted, will be duly executed at the presidio de Manila, to which 
place the prisoner, Florentine Lucin, will be sent under proper guard. 
By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Vohiuteer^, 

Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June 22, 1901. 
General Orders, No. 138. 

Before a military commission which convened at the pueblo of Bautista, province 
of Pangasinan, Luzon, P. 1., pursuant to paragraph 10, Special Orders, Xo. 34, Head- 
quarters Department of Xorthern Luzon, February 5, 1901, and of which Captain 
Harry C. Benson, Fourth L^. S. Cavalry, Avas president, and Second Lieut. Sylvester 
Bonnaffon, Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried 
Pedro Ordonia, alias Tarug, Antonio Sabangan and Alejandro Castro, natives. 

Charge I. — "Kidnaping, contrary to the laws and usages of war." Specifica- 
tion. — "In that they, Pedro Ordonia, alias Tarug, Antonio Sabangan, and Alejandro 
Castro, and each of them, did, in company of, and consorting with, a band of armed 
outlaws to the number of six, more or less, tie, bind and forci1:)ly lead away from 
their places of abode Valeriano Camilene, Estevan Dias, Vicente Soriano and Vicente 
Cayetano, natives. This at or near B^. Balaya, San Carlos, Pangasinan, Luzon, 
P. I., a i^lace, then, as now, within the theater of active military operations by 
United States troops, on or about January 21, 1901, a time then, as now, of insurrec- 
tion against the United States." 

Charge II. — "Arson." Specification. — "In that they, Pedro Ordonia, alias Tarug, 
Antonio Sabangan and Alejandro Castro, and each of them, in company of, and con- 
sorting with, a band of armed outlaws to the number of six, more or less, did willfully 
and maliciously set fire to and burn the dwelling house of one Pablo Dias, a native. 
This at or near the B°. Balaya, San Carlos, Pangasinan, Luzon, P. I., a place then, 
as now, within the theater of active military operations by United States troops, on 
or about January 21, 1901, a time then, as now, of insurrection against the United 
States. 

Charge III. — "Murder." Specification. — "In that they, Pedro Ordonia, alias 
Tarug, Antonio Sabangan, Alejandro Castro, and each of them, in company of, and 
consorting with, a band of armed outlaws to the number of six, more or less, did tie 
and bind Valeriano Camilene and Estevan Dias, natives, thereby rendering said 
natives entirely helpless, then did willfully, feloniously and with malice aforethought 
kill and murder said Valeriano Camilene and Estevan Dias, by stabbing them, the 
said natives, with a knife or knives held in the hands of a mem])er or members of said 
band, inflicting wounds with said knife or knives whereof the said Valeriano Camilene 
and Estevan Dias then and there died. This at or near the B°. Balaya, San Car- 
los, Pangasinan, Luzon, P. I., a place then, as now, within the theater of active 
military operations by United States troops, on or about Jan. 21, 1901, a time then, 
as now, of insurrection against the L'nited States." 

Pleas.—' ' Xot guiltv. ' ' 

Fixdings.— ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Pedro Ordonia, 
alias Tarug, Antonio Sabangan and Alejandro Castro, natives, and each of them, "to 
be hanged by the neck until dead, at such time and at such place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Antonio Sabangan, Pedro Ordonia, alias Tarug, and Ale- 
jandro Castro, natives, it appears that these accused and one other, armed with a 
pistol and bolos, seized and stabbed to death two men and set fire to the house from 
which they were taken. No motive appears for the crime. 

The sentences, approved by the department connnan^ler, is confirmed, but is com- 
nuited to imprisonment at hard labor for the period of their natural lives. As thus 
connnuted, the sentence will be duly executed at the Presidio de Manila, to which 
these prisoners will be sent under jn-oper guard. 

By connnand of Major-CTcneral MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteer:^, Chief of Staff". 
S. Doc. 205, pt 2 13 



194 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Divisiox of the Philippines. 

Mamla, P. /., June 25, 1901. 
General Orders, No. 140. 

Before a military commission, which convened at the Pueblo of Xueva Caceres, 
Province of Camarines Sur, Luzon, P. I., pursuant to paragraph 8, Special Orders, 
No. 8, Headquarters Department of Southern Luzon, January 8, 1901, and of which 
Lieut. Col. Almond B. Wells, Ninth L^ S. Cavalry, was president, and First Lieut. 
James A. Ryan, Ninth L^. S. Cavaby, was judge-advocate, was arraigned and tried 
Francisco de Asis, native. 

Charge I. — "Violation of the laws of war." 

Spec\li'jation 1. — "In that Francicso de Asis, presidente of the Pueblo of Gainza, 
Camarines Sur, Luzon, P. I., having voluntarily taken and subscribed to the oath of 
ottlce and allegiance to the United States, did violate said oath by holding communi- 
cation with the insurgents, whom he permitted to enter his pueblo, and whom he 
entertained at his residence. This on or about June 7, 1900, then, as now, a time of 
insurrection at the Pueblo of Gainza, Camarines Sur, Luzon, P. I., a place, then, as 
now, under the military authority of the LTnited States." 

Specification 2. — "In that Francisco de Asis, presidente of the Pueblo of Gainza, 
Camarines Sur, Luzon, P. I., while occupying a position of trust and living under 
the protection of the LTnited States, did hospitably receive and entertain at his resi- 
dence one Thomas Brooks, accompanied by four insurgents, said Brooks having 
deserted the service of the LTnited States and stolen two rifles therefrom, he, the said 
Francisco de Asis, well knowing the same, and did aid and assist said Thomas Brooks 
and said insurgents in reaching the insurgent camp. This on or about Octol)er 12, 
1900, then, as now, a time of insurrection, at the Pueblo of Gainza, Camarines Sur, 
Luzon, P. I., a place, then, as now, under the militarv authoritv of the United 
States." 

Specification 3. — "In that Francisco de Asis, presidente of the Pueblo of Gainza, 
Camarines Sur, Luzon, P. I., while occupying a position of trust and living under 
the protection of the United States, did write and send a letter to an officer of the 
insurgent forces in camp near Libmanan, Camarines Sur, Luzon, P. L, in which he 
denounced as an American spy one Valentine Prudencia, then a prisoner in said 
camp, on account of which denunciation the said Valentine Prudencia was severely 
punished by said insurgents. This on or about November 2, 1900, then, as now, a 
time of insurrection, at or near the places above specified, said places being then, as 
now, under the military authority of the LTnited States." 

Specification 4- — "In that Francisco de Asis, presidente of the Pueblo of Gainza, 
Camarines Sur, Luzon, P. I., while occupying a position of trust, and living under 
the protection of the United States, did, as presidente, use and direct the local police, 
under his charge, as guides for and to commmiicate with the insurgent forces. This 
on or about June 7, 1900, then, as now, a time of insurrection, at the Pueblo of 
Gainza, Camarines Sur, Luzon, P. I., a place, then, as now, under the military 
authority of the United States." 

Charge IL — "Kidnapping, in violation of the laws of war." 

Specification 1. — "In that Francisco de Asis, presidente of the Pueblo of Gainza, 
Camarines Sur, Luzon, P. I., occupying a position of trust, and living under the pro- 
tection of the United States, did receive and entertain at his residence a body of 
armed insurgents to the number of sixteen, more or less, from which they went 
forth and feloniously and forcibly seized, against his will and consent, the person of 
one Valentine Prudencia, a peaceable citizen of said pueblo, and did carry -him off to 
the insurgent camp, in the presence and with the consent of the said Francisco de 
Asis. This on or about June 7, 1900, then, as now, a time of insurrection, at or 
near the Pueblo of Gainza, Camarines Sur, Luzon, P. I., a place, then, as now, 
under the military authority of the United States." 

Specification 2. — " In that Francisco de Asis, presidente of the pueblo of Gainza, 
Camarines Sur, Luzon, P. I., occupying a position of trust and living under the pro- 
tection of the United States, did allow a body of armed insurgents, to the number 
of fifty, more or less, to enter his pueblo, and did, in obedience to a Avritten request 
from a notorious insurgent leader, Juan Delmacio, permit these insurgent soldiers to 
seize and carry away the person of one Valentine Prudencia, against his will and 
consent, in the presence and with the consent of said Francisco de Asis. This on 
or about Noveml)er 2, 1900, then as now, a time of insurrection, at or near the 
Pueblo of Gainza, Camarines Sur, Luzon, P. I., a place, then, as now, under the 
militarv authoritv of the United States." 

Plea.— "Not guilty." 

Finding. — Of tlie first s])ecification, first charge, "guilty, except the words ' having 
voluntarilv taken and subscribed to the oath of office and allegiance to the United 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 195 

States, did violate said oath;' and of the excepted words, not guilty; substituting 
therefor the words ' while occupying a position of trust and living under the protec- 
tion of the United States, did violate said trust; ' and of the substituted words, 
guilty." Of the second specitication, first charge, "guilty." Of the third specifica- 
tion, first charge, "guilty." Of the fourth specification, first charge, "guilty." Of 
the iirst charge, "guilty." Of the first specification, second charge, "guilty." Of 
the second specification, second charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Francisco de Asis, 
"to be confined at hard labor at such place as the reviewing authority may direct, 
for the remainder of his natural life." 

In the foregoing case it appears that the accused, Francisco de Asis, while occupy- 
ing the office of presidente of Gainza, Camarines Sur, under the U. S. Government 
and living under its protection, actively assisted the insurgent forces, received their 
armed bands as honored guests in his house, communicated with their chiefs by 
letter, and denounced to them for punishment one Valentine Prudencia, justice of 
the peace of Gainza, as one friendly to the Americans. In consequence of this 
denunciation, Prudencia was twice kidnaped by the insurgents, held prisoner for 
six weeks and submitted to the cruel castigation of twenty-five blows on his bared 
back with a behuca club, from which he carries life-lasting scars. 

It also appears that the accused aided one Thomas Brooks, a deserter from the 
American service, to join the insurgent forces, sending him with an escort of police- 
men into the insurgent lines and providing him with bancas for his transportation. 
Accused also took active steps to prevent information of the outrages perpetrated in 
his jurisdiction from being presented to the American authorities. 

The sentence, approved by the department commander, is confirmed, but the 
period of confinement at hard labor is mitigated to ten years. As thus mitigated, 
the sentence will be duly executed at the Presidio de Manila, to which place the 
prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June 25, 1901. 
General Orders, No. 141. 

Before a military commission which convened at Nueva Caceres, province of Cama- 
rines Sur, Luzon, P. I., pursuant to paragraph 8, Special Orders, No. 8, Headquar- 
ters Department of Southern Luzon, January 8, 1901, and of which Lieut. Col. 
Almond B. Wells, Ninth U. S. Cavalry, was president, and First Lieut. James A. 
Ryan, Ninth U. S. Cavalry, was judge-advocate, was arraigned and tried Aniceto 
Abanes Yasquez, native. 

Charge. — "Violation of the laws of war." Specification. — "In that Aniceto 
Abanes Vasquez, native, having voluntarily taken and subscribed to the oath of 
allegiance to the United States, on August 2, 1900, did soon after violate said oath 
by joining the insurgent forces, in which he was addressed as captain, and did act as 
an insurgent in that capacity until captured by the United States forces February 8, 
1901. This during the time about specified, then, as now, a time of insurrection, 
in the vicinity of Pili, Camarines Sur, Luzon, P. I., a place, then, as now, under the 
militarv authoritv of the Li^nited States." 

Plea^.—" Not guilty." 

Finding. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Aniceto Abanes Vas- 
quez, native, "To be confined at hard lal)or, at such place as the reviewing authority 
may direct, for the remainder of his natural life." 

In the foregoing case it appears that the accused, Aniceto Abanes Vasquez, volun- 
tarily took the oath of allegiance to the United States Government on August 2, 1900, 
and five days thereafter joined the insurgent forces, with whom he served as a cap- 
tain until captured Fel)ruary 8, 1901, by the American troops. At the time of his 
capture papers were found in his possession showing him to be then engaged in col- 
lecting contributions for the insurgent cause. 

No reasonable dou])t as to the guilt of accused arises from the evidence, and his 
contention that he was compelled to join the insurgents under threats of death does 
not explain why he did not seek American protection during the many months of his 
service, when he appears to have had entire freedom of action. 

The se^itence, approved by the department commander, is confirmed, l)ut is miti- 



196 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

gated to confinement at hard labor for the period of ten (10) years, and, as thus 
commuted, will be duly executed at the Presidio de Manila, to which place the pris- 
oner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June 25, 1901. 
General Orders, No. 142. 

Before a military commission which convened at the pueblo of Lingaj'en, province 
of Pangasinan, Luzon, P. I., pursuant to paragraph 6, Special Orders, No. 234, Head- 
quarters Department of Xorthern Luzon, December 23, 1900, and of which Maj. 
Charles L. Hodges, Seventeenth U. S, Infantry, was president, and Second Lieut. 
John R. Thomas, jr., Seventeenth L^. S. Infantry, was judge-advocate, were arraigned 
and tried Tito Gutierres and Juan Melendez, natives. 

Charge. — "Murder," 

Specification 1. — "In that Tito Gutierres and Juan Melendez, natives, on or about 
March 21, 1900, then, as now, a time of insurrection, at or near the barrio of Caloo- 
can, pueblo of Binmaley, province of Pangasinan, P. I., a place then, as now, in the 
theater of active military operations, did willfully, feloniously, and with malice 
aforethought, kill and murder one Luis Ferrer, native, by stabbing him, the said 
Ferrer, with bolos held in the hands of the said Tito Gutierres and Juan Melendez, 
inflicting severe wounds therewith, whereof he, the said Ferrer, then and there 
died. This at the time and place above specified." 

Specification 2. — "In that Tito Gutierres and Juan Melendez, natives, on or about 
March 27, 1900, then, as now, a time of insurrection, at or near the barrio of Caloo- 
can, pueblo of Binmaley, province of Pangasinan, P. I., a place then, as now, in the 
theater of active military operations, did willfully, feloniously, and with malice 
aforethought, kill and murder one Valentin Ramos, native, by stabbing him, the said 
Ramos, with bolos, held in the hands of the said Tito Gutierres and Juan Melendez, 
inflicting severe wounds therewith, whereof he, the said Ramos, then and there died. 
This at the time and place above specified." 

Plea.— "Not guilty." 

Finding. — Of the first specification, "guilty, excepting the word ' bolos,' substitut- 
ing therefor the words, 'a dagger,' and excepting the words, 'Tito Gutierres and,' 
where they follow^ the words, 'hands of said;' of the excepted words, not guilty, of 
the substituted words, guilty;" of the second specification, "not guilty;" of the 
charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Tito Gutierres and 
Juan Melendez, natives, and each of them, " to be hanged by the neck until they are 
dead, at such time and place as the reviewing authority may direct, two-thirds of the 
members concurring therein." 

In the foregoing case it appears that these accused, Tito Gutierres and Juan Melen- 
dez, at Caloocan, Binmaley, Pangasinan, about March 21, 1900, sequestrated and 
killed with daggers one Luis Ferrer. Some doubt springs from the record as to 
whether the motive of this crime was a desire to rid the community of a notorious 
ladrone, personal fear on the part of the accused of the animosity of deceased, or the 
personal enmity existing between accused and deceased. 

None of these motives excuse the crime, but they are relevant to the consideration 
of its degree. 

The sentence, approved by the department commander, is confirmed, but, in 
accordance with his recommendation, is commuted, as to each of them, to imprison- 
ment at hard labor for the term of twenty years. The sentence, as thus comnmted, 
will be duly executed at the Presidio de INlanila, to which place these prisoners will 
be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Stqf. 



Headquarters Division of the Philippines, 

Manila, P. I., June 27, 1901. 

General Orders, No. 143. 

Before a military commission which convened at the pueblo of Pozorrubio, prov- 
ince of Pangasinan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 220, 



CHARGES OF CRUELTY, ETC., TO FILIPIIS'OS. 197 

Headquarters Department of Northern Luzon. December 8, 1900, and of which Capt. 
Samson L. Faison, Thirteenth U. S. Infantry, was president, and First Lieut. Harvey 
W. ^Miller, Thirteenth L". S. Infantry, was judge-advocate, were arraigned and tried 
Doroteo Orbino, Juan Seraloy, Domingo Seraioy, and Jose Tambalgui, natives. 

Charge. — "Murder." Specification: " In that they, Doroteo Orbino, Juan Sera- 
loy, Domingo Seraloy, and Jose Tambalgui, natives, at Pozorrubio, province of 
Pangasinan, Luzon, P. I., a place then as now under the military authority of the 
United States, on or about 3Iarch 10, 1900. a time then as now of insurrection against 
the authority of the Fnited States, did feloniously kill and murder Vicente de la Cruz 
and Felisardo Pasag, natives, and residents of Pozorrubio, P. I., by stabbing, cutting, 
or hacking them, the said Vicente de la Cruz and Felisardo Pasag, with sharp instru- 
ments commonly called bolos, held in the hands of the said Doroteo Orbino. Juan 
Seraloy, Domingo Seraloy, and Jose Tambalgui, inflicting wounds thereby whereof 
the said Vicente de la Cruz and Felisardo Pasag then and there, or shortly afterwards, 
died. This at the time and place above specified." 

Plea.—" Xot guilty." 

Findings. — ' ' Guilty. ' ' 

Senten'ces. — And the commission does therefore sentence him, Doroteo Orbino, 
native, "to be hnng by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein. ' ' 

And the commission does therefore sentence him, Jose Tambalgui, native, "to be 
confined at hard labor, at such place as the reviewing authority may direct, for the 
period of twenty years." 

And the commission does therefore sentence them. Juan Seraloy and Domingo 
Seraloy, natives, and each of them, "to be confined at hard labor, at such place as 
the reviewing authority may direct, for the period of ten years." 

In the foregoing case it appears that these accused, Doroteo Orbino, Juan Seraloy, 
Domingo Seraloy. and Jose Tambalgui. natives, were members of a band of outlaws 
operating in the vicinity of Pozorrubio and terrorizing the inhabitants into submis- 
sion to their rule by the assassination of various members of the community. Accused, 
Doroteo Orbino, was a captain; Jose Tambalgui, a lieutenant, and Juan Seraloy and 
Domingo Seraloy. so-called soldiers of this band. 

These four accused, about March 10. 1900. sequestrated, killed, and beheaded with 
bolos, two natives, Vicente de la Cruz and Felisardo Pasag, accused of being • ' Ameri- 
canistas," such charge being founded on the fact that these victims had been in the 
habit of supplying beef for the American garrison. After the killing these accused 
forced several of the natives to carry the bodies to an isolated spot, and cast them 
into the mud on the banks of a stream, where they were subsequently found and 
identified. No denial of the deed is made by these accused, three of them simply 
resting their defense upon the statement that they were soldiers of accused, Doroteo 
Orbino, and that they acted under his orders through personal fear. 

The sentence, approved by the department commander, is confirmed, and as against 
accused, Doroteo Orbino, will be duly executed at the pueblo of Pozorrubio, province 
of Pangasinan, Luzon, P. I., on the 19th day of July. A. D. 1901, under the direction 
of the commancling general. Department of Northern Luzon. As against the accused, 
Juan Seraloy. Domingo Seraloy, and Jose Tambalgui, the sentence will be duly 
executed at the Presidio de Manila, to which place they will be sent under proper 
guard. 

By command of ^Major-General ^NlacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Sfqf. 



Headquarters Division of* the Philippines, 

Manila, P. L, June 27, 1901. 
General Orders, No. 144. 

Before a military commission which convened at the city of Manila, Luzon, P. I., 
pursuant to paragraph 1, Special C)rders, No. 236, Head(iuarters Provost-Marshal- 
General (separate brigade provost guard). December 13, 1900, and of which Col. Wil- 
liam S. McCaskey, Twentieth L'. S. Infantry, was president, and Second Lieut. C. 
Stuart Patterson, Sixth F. S. Artillery, was judge-advocate, was arraigned and tried 
Segundo Tiacto Alvarez, native. 

Charge.—" Murder. " 

Specijication. — "In that Segundo Tiacto Alvarez, native, on or about the 22d day of 
August, 1899, then as now a time of insurrection, in the city of Manila, Luzon, P. I., a 
place then as now under the military government of the Fnited States of America, 



198 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

willfully, feloniously, and with malice aforethought, did kill and murder one Vidal 
Manalo, a native, by stabbing him with a knife in the hands of him, the said Segundo 
Tiacto Alvarez, then and there had and held, inflicting thereby wounds whereof he, 
the said Vidal Manalo, died on or about the 22d day of August, 1899. This at the 
time and place above specified." 

Plea.— "Not guilty." 

Finding. — Of the specification, "guilty, excepting the word 'August,' substituting 
therefor the word 'May;' of the excepted word, not guilty, and of the substituted 
word, guilty." Of the charge, "guilty." 

Sentence. — And the commission therefore sentence him, Segundo Tiacto Alvarez, 
native, "to be hanged by the neck until he shall be dead, at such time and place as 
the reviewing authority may direct, two-thirds of the members of the commission 
concurring." 

In the foregoing case it appears that the accused, Segundo Tiacto Alvarez, native, 
without any apparent motive, made an assault in the daytime upon the deceased, 
who was passing along the street unarmed, and with an open pocketknife made 
repeated deep-cutting wounds upon the person of his victim, who pleaded vainly for 
mercy, and died upon the spot where the fatal blows were given. 

The sentence, approved by the convening authority, is confirmed, but upon his 
recommendation is commuted to imprisonment at hard labor for the period of his 
natural life. As thus commuted the sentence will be duly executed at the Presidio 
de Manila. 

By command of Major-General MacArthur: 

Thomas H. Babry, 
Brigadier- General, U. S. Volunteers, Chief of Staff . 



Headquaeters Division of the Philippines, 

Manila, P. I., June 27, 1901. 
General Orders, No. 145. 

Before a military commission which convened at Palanoc, island of Masbate, P. I., 
pursuant to paragraph 5, Special Orders, No. 11, Headquarters Department of Southern 
Luzon, January 11, 1901, and of which Capt. Abner Pickering, Second L^. S. Infantry, 
was president, and First Lieut. Peter E. Marquart, Second Y. S. Infantry, was judge- 
advocate, were arraigned and tried: 

I. ]\Iaximo Arimosa, Agustin Juicio, Ynocencio de la Cruz, Xarcisso Boltron, and 
Tomas Baybayon, natives. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Maximo Arimosa, Agustin Juicio, Ynociencio de la Cruz, 
Narcisso Boltron, and Tomas Baybayon, natives, and each of them, did feloniously 
and with malice aforethought, acting together and with others, murder and kill 
Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Xico- 
nedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, Can- 
dida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, natives, and each of 
them, by shooting, cutting, stabbing, and striking them, the said Antonio Echevarria, 
Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Xiconedas Echevarria, Lucio 
Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Rej'es, Dionicio 
Bedarugga, and Antonio Caldeville, with guns, revolvers, knives, bolos, and clubs, 
held in the hands of the said Maximo Arimosa, Agustin Juicio, Ynocencio de la Cruz, 
Xarcisso Boltron, and Tomas Baybayon, then and there inflicting upon the persons 
of the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Eche- 
varria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Eche- 
varria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Caldeville, wounds 
whereof they, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, 
Ysabel Echevarria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, 
Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Calde- 
ville, and each of them, then and there died. This at or near the pueblo of Xaro, 
Island of ^Masbate, P. L, on or about the 14th day of August, 1900, in time of insur- 
rection against the authority of the United States, said pueblo of Xaro being at the 
time under the jurisdiction of the United States." 

Pleas. — Ynocencio de la Cruz, "guilty;" Maximo Arimosa, Agustin Juicio, Nar- 
cisso Boltron, and Tomas Baybayon, and each of them, "not guilty." 

Findings. — Xarcisso Boltron, "not guilty;" Maximo Arimosa, Agustin Juicio, 
Ynocencio de la Cruz, and Tomas Baybayon, and each of them, "guilty." 

Sentence. — And the commission does therefore sentence them, Agustin Juicio, 
Ynocencio de la Cruz, and Tomas Baybayon, natives, and each of them, "to be 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 199 

hung by the neck until they are dead, at such time and place as the reviewing author- 
ity may direct, two-thirds of the members of the commission concurring therein." 
Maximo Arimosa, native, ''to be confined at hard labor, at such place as the proper 
authority may direct, for the period of his natural life." And the commission does 
therefore "acquit" him, Xarcisso Boltron, native. 

II. Quintin IMacaydor and Pedro Abejero, natives. 

Charge. — "" Murder. ' ' 

Specification. — "In that Pedro Atendido, Augustin Sagalo, Pedro Abejero, and 
Quintin Macaydor, natives, and each of them, did, feloniously, and with malice 
aforethought, murder and kill Antonio Echevarria, Juan Echevarria, Julian Eche- 
varria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Eche- 
varria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Anto- 
nio Caldeville, natives, and each of them, by shooting, cutting, stabbing, and 
striking them, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, 
Ysabel Echevarria, Xiconedas Echevarria, Lucio Echevarria, Severo Echevarria, 
Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, and Antonio Calde- 
ville, with guns, revolvers, knives, bolos, and clubs, held in the hands of the said 
Pedro Atendido, Augustin Sagalo, Pedro Abejero, and Quintin Macaydor, then and 
there inflicting upon the persons of the said Antonio Echevarria, Juan Echevarria, 
Julian Echevarria, Ysabel Echevarria, Xiconedas Echevarria, Lucio Echevarria, 
Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio Bedarugga, 
and Antonio Caldeville, Avounds, whereof they, the said Antonio Echevarria, Juan 
Echevarria, Julian Echevarria, Ysabel Echevarria, Xiconedas Echevarria, Lucio 
Echevarria, Severo Echevarria, Luciano Echevarria, Candida de los Reyes, Dionisio 
Bedarugga, and Antonio Caldeville, and each of them, then and there died." 

"This at or near the pueblo of Naro, island of Masbate, P. I., on the 14th dav of 
August, 1900." 

Plea.— "Not guilty." 

Finding. — Quintin Macaydor, "guilty;" Pedro Abejero, "not guilty." 

Sentence. — And the commission does therefore sentence him, Quintin Macaydor, 
native, "To be hanged by the neck until he is dead, at such time and place as the 
reviewmg authority may direct, two-thirds of the members concurring therein." 
And the commission does therefore "acquit" him, Pedro Abejero, native. 

In the foregoing cases, it appears that these accused, Maximo Arimosa, Agustin 
Juicio, Y'nocencio de la Cruz, Tomas Bay bay on, and Quintin Macaydor, were active 
and influential members of a band of armed Tulicanes which attacked the house of 
Antonio Echevarria, at Xaro, Masbate, August 14, 1900, murdered eleven members 
of the Echevarria family, tied the dead bodies into sacks and cast them into the sea. 
Robbery seems to have been the onb/ motive for this fiendish crime, and no miti- 
gating circumstance appears incidental to its commission. 

The sentences, approved by the department commander, are confirmed, and will 
be duly executed as against Agustin Juicio, Y'nocencio de la Cruz, Tomas Bay bay on, 
and Quintin Macaydor, at the pueblo of Masbate, island of Masbate, P. I., on the 
second (2d) day of August, A. D. 1901, under the direction of the commanding gen- 
eral. Department of Southern Luzon. As against the accused Maximo Arimosa, the 
sentence will be duly executed at the presidio de Manila, to which place this pris- 
oner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Vohmiecrs, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June ^7, 1001. 
General Orders, Xo. 146. 

Before a military connuission which convened at the pueblo of Sorsogon, province 
of Sorsogon, Luzon, P. I., pursuant to paragraph 1, Special Orders, Xo. 208. Head- 
quarters Department of Southern Luzon, Xoveml)er 4, 1900, and of which ^Maj. 
Keller Anderson, Forty-seventii Infantry, U. S. Volunteers, was president, and Capit. 
John C Livingston, adjutant Forty-seventh Infantry, L"". S. Volunteers, was judge- 
advocate, was arraigned and tried Benito Dorotan, native. 

Charge.— " :Murder. " 

Specification. — "In that on tiie 3d day <tf January, A. D. 1901, at about the hour of 
10 o'clock a. m., then, as now, a time of insurrection, at or near the town of Gubat, 
province of Sorsogon, Luzon, P. I., a place then, as now, occupied by the military 
forces and under the military government of the United States, one Benito Dorotan, 



200 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

a native, did, on the day and at the place aforesaid, by and with the help of four 
others, willfully, feloniously, and with malice aforethought then and there bind, 
assault, nuu'der, and kill one Feliz Buenaventura, a native, by then and there and 
in the manner aforesaid inflicting on the said Feliz Buenaventura a wound from 
Avhich the taid Feliz Buenaventura died almost immediately. This at Gubat. prov- 
ince of Sorsogon, Luzon, P. I., on the 3d dav of Januarv. 1901." 

Plea.— "Guihv." 

FixniXG.— ' ' Guilty." 

Sentence. — And the commission does therefore sentence him, Benito Dorotan, 
native, "To be hanged by the neck until dead, two-thirds of the commission con- 
curring, at such time and place as the reviewing authority may direct." 

In the foregoing case it appears that this accused, Benito Dorotan, native, attacked 
and killed with a dagger one Feliz Buenaventura, on the alleged ground that deceased 
was an " Americanista." It also appears that this accused in frecjuent prior declara- 
tions declared his intention of killing deceased and several other natives accused by 
him of being friendly to the Americans. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Sorsogon, province of Sorsogon, Luzon, P. I., on 
the second (2d) day of August, A. D. 1901, under the direction of the commanding 
general. Department of Southern Luzon. 

By command of Major-General Mac Arthur: 

Thomas H. Baery, 
Brigadier-General, V. S. Volunteers, Chief of Staff. 



Headquaeters Division of the Philippines, 

Manila, P. L, June 27, 1901. 
General Orders, No. 147. 

Before a military commission which convened at the city of Manila, Luzon, P. I., 
pursuant to paragraph 12, Special Orders, Xo. 204, Headquarters Division of the 
Philippines, December 6, 1900, and of which Brig. Gen. Frederick D. Grant, U. S. 
Volunteers, was president, and Capt. Samson L. Faison. Thirteenth U. S. Infantry, 
was judge-advocate, was arraigned and tried: Servillano Aquino, native. 

Charge I. — "Murder." 

Specification. — " In that Servillano Aquino did, on or about the 5th day of January, 
A. D. i900, then, as now, a time of insurrection in the Philppine Islands against the 
lawful authority of the L'nited States, in the barrio of Camansi, Pueblo of Magalang, 
in the Province of Pampanga, Luzon, P. L, a place, then, as now, within the theater 
of military operations and within the territory occupied by the armed forces of the 
L'nited States, then and there being the leader and in command of a band of armed 
insurgents, guerrillas, and rebels, in insurrection against the lawful authority of the 
United States, and having in his custody five soldiers of the Ignited States Army, to 
wdt. Private Alonzo Brown, Private Charles C. Cook, Private Joseph C. Cook, all of 
Company B, of the Xinth U. S. Infantry, and Regimental Commissary Sergeant 
Christian Pederson, of the Twelfth U. S. Infantry, and Cook Edward E. Xorval, of 
Company B, Tvrelfth L". S. Infantry, willfully and maliciously and with malice afore- 
thought, kill and murder Private Alonzo Brown, Private Charles C. Cook, and 
Private Joseph C. Cook, aforesaid, by then and there ordering and causing nine 
meml)ers, more or less, of the said band, whose names are unknown, then and there 
under his command and subject to his orders, to shoot and kill them, the said Private 
Alonzo Brown, Private Charles C. Cook, and Private Joseph C. Cook, with guns 
held in the hands of the said nine members, more or less, of the said band, and 
thereby inflict wounds whereof the said Private Alonzo Brown did then and there 
die, and whereof the said Private Charles C. Cook did afterwards die. to wit, on the 
5th day of January, A. D. 1900, and whereof the said Private Joseph C. Cook did 
afterwards die, to wit, on the 11th day of January, A. D. 1900." 

Charge II. — ''Assault with intent to murder." 

Sped tjrai ion. — "In that he, the said Servillano Aquino, did. on or about the 5th 
day of January, A. D. 1900, then, as now, a time of insurrection in the Philippine 
Islands against the lawful authority of the United States, at the barrio of Camansi, 
Pueblo oi 3Iagalang, in the province of Pampanga, Luzon, P. I., a place, then, as now, 
within the theater of military operations and within the territory occupied bv the 
armed forces of the L'nited States, then and there being the leader and in command 
of a l)an<l of armed insurgents, guerrillas, and rebels, in insurrection against the law- 
ful authority of the United States, and having in his custody five soldiers of the 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 201 

United States Army, to wit, Private Alonzo Brown, Private Charles C. Cook, Private 
Joseph C. Cook, ail of Company B of the Ninth U. S. Infantry, and Regimental 
Commissary Sergeant Christian Pederson, of the Twelfth U. S. Infantry, and Cook 
Edward E. Xorval, of Company B, Twelfth U. S. Infantry, wilfully and maliciously 
assault, with force of arms, Commissary Sergeant Christian Pederson and Cook 
Edward E. Xorval, with loaded guns and rifles, with intent then and there to kill the 
said Christian Pederson and the said Edward E. Xorval, by then and there willfully 
and feloniously and with malice aforethought, ordering, commanding, and causing 
nine members, more or .ess. of the said band, whose names are unknown, then and 
there under his leauerriiip, ^^ommand, and orders, to shoot at the said Christian 
Pederson and the said Edward E. Norval with guns, then and there held in their 
hands, with intent then and there, with the said deadly weaj^ons, which were dis- 
charged pursuant to said directions and commands, to kill and murder the said 
Christian Pederson and the said Edward E. Xorval, and each of them." 

Plea.— "Xot guiltv." 

Finding.— ' ' Guilty. " 

Sentence. — And the commission does therefore sentence him, Servillano Aquino, 
native, "To he confined at hard labor for the remainder of his natural life at such 
place as the reviewing authority may direct." 

The sentence in the foregoing case of Servillano Aquino is approved, and will be 
duly executed at the Presidio de Manila. 

By command of r^Iajor-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteer?, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, Jane 29, 1901. 
General Orders, Xo. 150. 

I. Before a military commission which convened at the pueblo of Iloilo, island of 
Panay, P. I., pursuant to paragraph 10, Special Orders, Xo. 67, Headquarters Depart- 
ment of the Yisayas, March 13, 1901, and of which Lieut. Col. Charles J. Crane, 
Thirty-eighth Infantry, U. S. Volunteers, was president, and Capt. William G. 
Fleischhauer. Thirty-eighth Infantry, U. S. Volunteers, was judge-advocate, was 
arraigned and tried: Anastacio Cadeon, alias Teniente Tacio, a native. 

Charge I. — "Murder." 

Specifiration. — "In that on or about the 17th day of December, A. D. 1899, then as 
now a time of insurrection, at or near the i:)ueblo of Igbaras, in the island of Panay, 
P. I., then as now a place under the military government of the United States, and 
in the theatre of active military operations, one Anastacio Cadeon, alias Teniente 
Tacio, a native, in company of and consorting with a band of outlaws, commonly 
known as ' ladrones,' to the number of ten (10) more or less, did willfully, feloniously, 
and with malice aforethought, murder and kill one Mariano Benedicto, a native and 
presidente of the said pueblo of Igbaras, by then and there cutting and stabbing the 
said ^Mariano Benedicto v.ith a deadly weapon, commonly called a 'kris,' held in the 
hands of the said Anastacio Cadeon, alias Teniente Tacio, then and there and in 
the manner aforesaid, inflicting upon the said Mariano Benedicto divers wounds 
from the effects of which said wounds so inflicted as aforesaid the said Mariano 
Benedicto did then and there die." 

Charge II. — "Assault M'ith intent to kill." 

Specifiration. — " In that on or about the 17th day of December, A. D. 1899, then as 
now a time of insurrection, at or near the pueblo of Igbaras, in the island of Panay, 
P. I., then as now a place under the military government of the United States, and in 
the theatre of active military operations, one Anastacio Cadeon, alias Teniente Tacio, 
a native, in company of and consorting with a band of outlaws, commonly known as 
'ladrones,' to the number of ten (10) more or less, did make a violent assault upon one 
Xicanor Benedicto, by then and there cutting and stabbing with a dangerous weapon 
commonly called a 'kris,' held in the hands of the said Anastacio Cadeon, alias 
Teniente Tacio, with intent then and there, feloniously, wilfully, and with malice 
aforethought, to kill and murder the said Xicanor Benedicto." 

Charge III.— "Mayhem." 

Specijication. — "In that on or about the 17th day of December, A. D. 1899, then as 
now a time of insurrection, at or near the pueblo of Igbaras, in the island of Panay, 
P. I., then as now a place under the military government of the United States and in 
the theatre of active military operations, one Anastacio Cadeon, alias Teniente Tacio, 
a native, in company of and consorting with a band of armed outlaws, connnonly 



202 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

called ' ladrones, ' to the number of ten (10) more or less, did feloniously, wilfully, 
and with malice aforethought, assault one Nicanor Benedicto, a native, with a 
dangerous weapon, commonly called a 'kris,' then and there held in the hands of 
the said AnastacioCadeon, alias Teniente Tacio, by then and there cutting off the left 
hand of the said Xicanor Benedicto, thereby maiming the said Xicanor Benedicto 
and rendering him less able to defend himself." 

Charge IY. — "Arson." 

Specification 1. — "In that on or about the 18th day of December, A. D. 1899, then as 
now a time of insurrection, at the pueblo of Igbaras, in the island of Panay, P. I., a 
place then as now under the military government of the United States, one Anastacio 
Cadeon, alias Teniente Tacio, a native, in company of and consorting with a band of 
armed outlaws, commonly called ' ladrones,' to the number of ten (10) more or less, 
did wilfully, maliciously, and feloniously set tire to and burn the dwelling house of 
one Mariano Benedicto." 

Specification i*. — "In that on or about the 18th day of December, A. D. 1899, then 
as now a time of insurrection, at or near the pueblo of Igbaras, in the island of Panay, 
P. I., a place then as now under the military government of the United States, one 
Anastacio Cadeon, alias Teniente Tacio, a native, in company and consorting with a 
band of armed outlaws, commonly called 'ladrones,' to the number of ten (10), 
more or less, did willfully, maliciously, and feloniously set fire to and burn fifty (50) 
dwelling houses, more or less, belonging to and occupied by the natives of the said 
pueblo of Igbaras." 

Plea.— "Not guilty." 

Fixdinct. — "Guilty." 

Sentence. — And the commission does therefore sentence him, Anastacio Cadeon, 
alias Teniente Tacio, a native, "To be hanged by the neck till dead, at such time and 
place as the reviewing authority may direct, two-thirds of the military commission 
concurring in the death sentence." 

In the foregoing case of Anastacio Cadeon, alias Teniente Tacio, a native, it appears 
from the evidence that the accused, in command of an armed band of ladrones, 
entered the pueblo of Igbaras, assailed and killed the presidente with a kris or war 
bolo, then attacked the presidente' s son, cut off his left hand, and beat him to the 
ground with other blows of said deadly instrument, and then opened the boxes in 
the ayuntamiento in search for money. Departing, the band returned the next day, 
the accused taking a leading part in looting the houses of valuables, driving away 
carabao and cows, and, with his own hands, aiding in setting fire to many houses 
in one of which lay the dead body of the presidente. Actuated by the basest of 
motives and executed with inhuman cruelty, there can be no clemency extended to 
the perpetrators of these crin:ies. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the pueblo of Leon, island of Panay, P. I., on the ninth (9th) day 
of August, A. D. 1901, under the direction of the commanding general. Department 
of the Visayas. 

II. Maj. Andrew H. Russell, Ordnance Department, V. S. Army, having reported 
at these headquarters in compliance with paragraph 24, Special Orders, No. 91, cur- 
rent series. Headquarters of the Army, is assigned and announced as chief ordnance 
officer of the Division, relieving Capt. George Montgomery, Ordnance Department, 
L". S. Army. Captain Montgomery will turn over to Major Russell all funds, prop- 
erty, and records for which he is accountable, and upon being thus relieved will 
report to Major Russell for duty at the Manila Ordnance Depot. 

By command of Major-General Mac Arthur. 

Thomas H. Bakry, 
Brigadier- General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June 29, 1901. 
General Orders, Xo. 151. 

Before a military commission which convened at the city of Manila, Luzon, P. I., 
pursuant to paragraph 13, Special Orders, No. 101, Headquarters Department of 
Southern Luzon, April 11, 1901, and of which Maj. George G. Greenough, Artillery 
Corps, was president, and Capt. Palmer E. Pierce, Eighth L^. S. Infantry, was judge- 
advocate, was arraigned and tried Benancio Cueto, alias Venaucio Queto, alias 
Capitan Benancio, native. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 203 

Charge. — "Violation of the laws of war." 

Specification 1. — "In that Benancio Cueto, aUas Venancio Queto, aUas Capitan 
Benancio, of insurrectos, native, being a member of the forces of a piibhe enemy in 
insurrection against the United States, did, without authority, and secretly, lurk and 
act as a spy in and about the town of Bay, province of Laguna, P. I., a military 
station of the Army of the United States, and did there collect material information 
in regard to the numbers, resources, and operations of said army with intent to 
impart the same to the enemy. 

"This in time of insurrection at or near and in the town of Bay, province of 
Laguna, P. I., on or about January 1, 1901, after the hour of sunset." 

Specification 2. — "In that Benancio Cueto, alias A^'enancio Queto, alias Capitan 
Benancio of insurrectos, a native, did, in the nighttime, under cover of darkness, 
enter a house in the town of Bay, province of Laguna, P. I., said house being ostensi- 
bly the dwelling of one Barcilia Corrillo, and said house being barricaded with sacks 
of unshelled rice, or other substance, against the building occupied as quarters by 
the troops of the U. S. Army composing the garrison at the town of Bay, province of 
Laguna, and did, upon the approach of United States troops to said house, conceal 
himself under the bed therein, with a loaded revolver in his hand, and did point 
said revolver at two officers and one enlisted man of the United States troops at Bay, 
province of Laguna, who were in the proper uniform of their grades, namely, First 
Lieut. Leigh A. Fuller, assistant surgeon, U. S. A. ; Capt. E. N. Jones, Eighth 
Infantry, and Private Michael Hastings, Company K, Eighth Infantry, thereby 
offering armed resistance against the legally organized forces of the United States. 

"This in time of insurrection, in the town of Bay, province of Laguna, P. L, at 
about 11 o'clock p. m,, January 1, 1901." 

Specification <?.— In that Benancio Cueto, alias Venancio Queto, alias Capitan 
Benancio of insurrectos, a native, did, under cover of darkness, introduce two natives, 
who gave their names as Juan Ponganibang and Damion Adapt, respectively, into a 
barricaded house in the town of Baj^, province of Laguna, P. I., with arms, said town 
being occupied and garrisoned by troops of the United States Army. 

"This at Bay, province of Laguna, P. I., Januarv 1, 1901, and in time of insurrec 
tion." 

Additional charge. — "Murder in violation of the laws of war." 

Specification. — "In that Benancio Cueto, alias Venancio Queto, alias Capitan 
Benancio of insurrectos, native, did willfully and deliberately, and with malice afore- 
thought, kill one Domingo Punsalan, native, presidente of Bay, Laguna Province, 
P. I., by shooting him one or more times with a revolver, inflicting wounds from 
which the said Domingo Punsalan, then and there died. 

"This at Bay, Laguna Province, P. I., about the 30th day of April, 1900, under 
cover of darkness, then, as now, time of insurrection." 

Plea.— "Not guilty." 

Finding. — Of the first specification, first charge, "guilty, except the words 'and 
did there collect material information in regard to the numbers, resources, and opera- 
tions of said army, with intent to impart the same to the enemy;' of the excepted 
words, not guilty." Of the second specification, first charge, "guilty, except the 
words 'with a loaded revolver in his hand, and did point said revolver at two officers 
and one enlisted man of the United States troops at Bay, Province of Laguna, who 
were in the proper uniform of their grades, namely: First Lieut. Leigh A. Fuller, 
Assistant Surgeon, L". S. A.; Capt. E. N. Jones, 8th Infantry, and Private Michael 
Hastings, Company K, 8th Infantry, tliereby offering armed resistance against the 
legally organized forces of the L'nited States;' of the excepted words, not guilty." 
Of the third specification, first charge, "guilty." Of the first charge, "guilty." Of 
the specification, additional charge, "guilty." Of the additional charge, "guilt5^" 

Sentence. — And the commission does therefore sentence him, Benancio Cueto, 
alias Venancio Queto, alias Capitan Benancio of insurrectos, native, "to be hung by 
the neck until dead, at such time and place as the reviewing authority may desig- 
nate, two-thirds of the commission concurring therein." 

In the foregoing case, it appears that the accused, Benancio Cueto, alias Venan- 
cio Queto, alias Captain Benancio, was a reputed captain of insurgents and captured 
in a l)arricaded native house at Bay, Laguna Province, armed and accompanied by 
two of his followers. No evidence of his violation of the laws of war, as specified 
under the first charge, appears of record, and indeed, two of the specifications under 
that charge do not state facts sufficient to constitute a crime. For these reason-, the 
findings of the commission on the first charge and its specifications were })roiierly 
disapproved })y the ^lepartment commander. 

Under the additional charge of nun^der. it appears that the accused, together with 
an armed band of insurgents, shot to death, at his residence, at Bay, Laguna Province, 



20J: CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Doiniiigo Punsalan, presidente of the pueblo, for no other apparent motive than 
the fact that his victiin had accepted the office of presidente under the American 
Government. 

Xo reasonable doubt as to the guilt of the accused of the crime thus charged, arises 
from the record. 

The sentence, approved by the department conunander, is confirmed, but, in 
accordance with his recommendation, is commuted to imprisonment at hard labor 
for the period of the natural life of the accused Benancio Cueto. The Presidio de 
^Manila is designated as the place of execution of the sentence, to which place the 
prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-Genercd, U. S. Volunteers, Cliief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., June 29, 1901. 
General Orders, No. 152. 

Before a military commission, which convened at the pueblo of Lingayen, province 
of Pangasinan, Luzon, P. I., pursuant to paragraph 7. Special Orders, No. 97, Head- 
quarters Department of Xorthern Luzon, April 9, 1901, and of which Maj. Daniel H, 
Brush, Twenty-fifth U. S. Infantry, was president, and Second Lieut. John R. 
Thomas, jr.. Seventeenth \j. S. Infantry, was judge-advocate, were arraigned and 
tried Matias Alipio and Mariano Caviles, natives. 

Charge. — ' ' Murder. ' ' 

Specif cot ion. — "In that they, Matias Alipio and Mariano Caviles, natives, and each 
of them, during the month of December, 1899, a time then, as now, of insurrection 
against the Government of the LTnited States, in or near the barrio of Bulaurey, of 
the pue])lo of Mangatarem, Pangasinan, Luzon, P. I., a place then, as now, under 
the military jurisdiction of the United States, in company of and consorting with a 
band of ten (10), more or less, armed outlaws, under the command of the said Matias 
Alipio, did willfully, feloniously, and with malice aforethought kill and murder one 
Vicente de la Cruz, native, by then and there shooting said Vicente de la Cruz with 
a rifle held in the hands of said Mariano Caviles, inflicting upon the said Vicente de 
la Cruz a bodily wound, from the effects of which the said Vicente de la Cruz then 
and there died. This at the time and place above specified." 

Pleas.—" Xot guilty. ' ' 

Findings.— "Guilty." 

Sentence. — And the commission does therefore sentence them, Matias Alipio and 
Mariano Caviles, natives, and each of them, "to be hanged by the neck until they 
are dead, at such time and place as the reviewing authority may direct, two-thirds 
of the members of the commission concurring therein." 

In the foregoing case, it apjDears that these accused, Matias Alipio and Mariano 
Caviles, in company of an armed band of outlaws, at or near the barrio of Bulaurey, 
pueblo of Mangatarem, Pangasinan, in December, 1899, shot and killed one Vicente 
de la Cruz; that the accused, Matias Alipio, was the leader of the band, and that the 
accused, Mariano Caviles, by order of Alipio, actually did the killing. 

The motive of the crime is not disclosed in the record, but the perpetration thereof 
by these accused is fully proven, and from this a motive must be presumed. 

The sentence, approved by the department commander, is confirmed, but, in 
accordance with his recommendation, is commuted, as to each of the accused, to 
imprisonment at hard labor for the term of fifteen (15) years. The Presidio de 
Manila is designated as the place of execution of the sentence as thus commuted, to 
which place the prisoners, Matias Alipio and Mariano Caviles, will be sent under 
proper guard. 

By conunand of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. L, June 29, 1901. 
General Orders, No. 154. 

Before a military commission which convened at the pueblo of Vigan, province of 
Ilocos Sur, Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 78, headquar- 
ters Dej^artment of Northern Luzon, March 21, 1901, and of which Maj. George A. 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 205 

Dodcl, Fourteenth U. S. Cavalry, was president, and First Lieut. Edward Sigerfoos", 
Fifth U. S. Infantry, was judge-advocate, was arraigned and tried Xoverto Pre, native. 

Charge. — "Murder in violation of the laws and customs of war." 

Specification 1. — "In that Lieut. Col. Noverto Pre, of the insurgent army of the 
so-called Philippine government, did willfully and feloniously and with malice 
aforethought kill and murder Claudio Orpilla, a native, by stabbing him, the said 
Orpilla, with a sharp instrument held in the hand of the said Pre, inflicting a wound 
or wounds thercAvith whereof the said Orpilla did then and there die. This at or 
near the barrio of Banao of the pueblo of San Esteban, Ilocos Sur, Luzon, P. I. . a 
place within the theater of military operations, on or about March 12, 1901, in time 
of insurrection." 

Specification £. — "In that Lieut. Col. Noverto Pre, of the insurgent army of the 
so-called Philippine government, did willfully and feloniously and with malice 
aforethought kill and murder Jose Purganan, a native, by stabbing him, the said 
Purganan, with a sharp instrument held in the hand of the said Pre, inflicting a 
wound or wounds therewith whereof the said Jose Purganan did then and there die. 
This at or near the barrio of Apaya of the pueblo of San Esteban, Ilocos Sur, Luzon, 
P. I., a place within the theater of military operations, on or about December 2, 
1900, in time of insurrection." 

Specification 3. — "In that I^ieut. Col. Noverto Pre, of the insurgent arm}' of the so- 
called Philippine government, did, in company with Melchor Cardenas, a native, 
willfully, feloniously, and with malice aforethought kill and murder Adolfo Purga- 
nan, a native, by stabbing him, the said Purganan, with a sharp instrument held in 
the hand of the said Pre, and beating him, the said Purganan, with a club held in 
the hands of the said Cardenas, inflicting wounds therewith whereof the said Adolfo 
Purganan did then and there die. This at or near the barrio of Apaya of the pueblo 
of San Esteban, Ilocos Sur, Luzon, P. I., a place within the theater of military oper- 
ations, on or about December 2, 1900, in time of insurrection," 

Plea.— "Not guilty." 

FIXDINC4. — "Guilty." 

Sentence. — And the commission does therefore sentence him, Noverto Pre, native, 
"to be hung by the neck until he, Noverto Pre, is dead, at such time and place as 
the reviewing authority may direct, two-thirds of the members of the commission 
concurring therein." 

In the foregoing case it appears that the accused, Noverto Pre, was a lieutenant- 
colonel of insurgents, and that he personally killed by stabbing in the neck with a 
poniard one Claudio Orpilla, because the victim did not desire to join the insurgents. 
It also appears that the accused wantonly murdered two other natives December 2, 
1900, because they were suspected of being spies of the Americans. All three mur- 
ders were wantonly committed by the accused in person. 

The sentence approved by the department commander is confirmed, but, in 
accordance with his recommendation, is commuted to imprisonment at hard labor 
for the term of fifteen (15) years, and as thus commuted will be duly executed at the 
Presidio de Manila, to which the prisoner will be sent under proper guard. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. L, July 2, 1901. 
General Orders, No. 159. 

Before a military commission which convened at Iloilo, Panay, P. I., pursuant to 
paragraph 10, Special Orders, No, 67, Headquarters Department of the Visayas, 
March 13, 1901, and of which Lieut. Col. Charles J. Crane, Thirty-eighth Infantry, 
U. S. Volunteers, was president, and Capt. William G. Fleischhauer, Thirty-eighth 
Infantry, L". S. Volunteers, was judge-advocate, was arraigned and tried Augustin 
Botobara, a native. 

Char(4e. — "Murder." 

Specification. — In that on or about the 19th day of August, A. D. 1900, then as 
now a time of insurrection, at or near the barrio of Lacruz, pueblo of Barotoc Nuevo, 
island of Panay, P. I., a place then as now of the territory and under the military 
government of the United States, one Augustin Botobara, a native, consorting with 
divers other persons, names and numbers unknown, did feloniously and willfully, 
with malice aforethought, murder and kill one Espiridion Fuentes, a native, at the 
time sergeant of police of the said pueblo of Barotoc Nuevo, by then and there 



206 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

striking and cutting the said Espiridion Fuentes with a sharp instrument, commonly 
called a bolo, held in the hands of the said Augustin Botobara. and his confederates, 
then and there in the manner aforesaid, inflicting wounds upon the head and ])ody 
of the said Espiridion Fuentes and from the effects of which wounds, so inflicted as 
aforesaid, the said Espiridion Fuentes did then and there die." 

"This on or about the 19th dav of Aueust, A. D. 1900." 

Plea.— "Not guilty." 

Finding. — "Guilty." 

Sentence. — And the commission does therefore sentence him, Augustin Botobara, 
native, "to be hanged by the neck till dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring therein. 

In the foregoing case of Augustin Botobara, native, it appears that the accused was 
one of a band of ununiformed men claiming to ])e insurgents, who lay in wait in a 
barrio of Barotoc for a police officer; that one of the l)and assailed this officer as he 
was entering the door of a liouse from the top of the steps leading thereto; that the 
blow felled deceased, his body falling to the ground when the accused dispatched 
him with a bolo and afterwards superintended the burial of his body. The crime 
is one of a long series of like deliberately planned assassinations of men friendly to 
the American Government and in policy or purpose is so wanton and cruel that 
clemency can not be exercised in cases of those participating therein. 

The sentence, approved l^y the department commander, is confirmed, and will be 
duly executed at the pueblo of Barotoc Xuevo. Panay, P. I., on the twenty-third 
(28d) day of August, A. D. 1901, under the direction of the commanding general, 
Department of the Visayas. 

By command of IMajor-General Mac Arthur: 

Thomas H. Barry, 
Assistant Adjutant-General, U. S. Army, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, F. L, July 2, 1901. 
General Orders, Xo. 160. 

Before a military commission which convened at Yigan, province of Ilocos Sur, 
Luzon, P. I., pursuant to paragraph 5, Special Orders, ISTo. 78, Headquarters Depart- 
ment of Xorthern Luzon, March 21, 1901, and of which Maj. George A. Dodd, Four- 
teenth L". S. Cavalry, was president, and First Lieut. Edward Sigerfoos, Fifth U. S. 
Infantrv, was judge-advocate, was arraigned and tried Emiterio Sonido, a native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Emiterio Sonido, native, cabo of the barrio of Turod, 
pueblo of Cabugao, Ilocos Sur, P. I., on or about the 23d day of December, 1900, 
then as now a time of insurrection, at or near the barrio of Turod, pueblo of CalDugao, 
Ilocos Sur, P. I., a place then as now in the theater of active military operations, in 
company of and consorting with other natives, names and numbers unknown, did 
willfully, feloniously, and with malice aforethought, kill and murder Liverato Arce- 
bal, a native in the employ of the L'nited States, by garroting him, the said Arcebal, 
native, whereof the said Arcebal, then and there died. 

"This at the time and place above specified." 

Plea.— "Guilty." 

Finding. — "Guilty." 

Sentence. — And the commission does therefore sentence him, Emiterio Sonido, 
"to be hung by the neck until he, Sonido, is dead, in the plaza of Cabugao, at such 
time as the reviewing authority may direct, two-thirds of the members of the com- 
mission concurring therein." 

In the foregoing case the accused, Emiterio Sonido, is charged with killing one 
Liverato Arcebal, an employee of the L^nited States Government, by garroting. To 
this charge the accused pleaded guilty. No evidence was offered by the prosecution, 
but the accused was sworn and testified he, with others, committed the crime under 
the coercion of a leader of ladrones and under penalty of death to themselves and 
their families in case of noncompliance with the order to kill. Nevertheless, 
accused and his companions failed to carry out the order until they were notified 
that the ladrone chief was about to send his soldiers to execute his threat. 

By the failure of the commission to require the prosecution to produce evidence of 
the crime, they are bound by that of the accused, it being uncontradicted of record 
and not improbable on its face. 



CHARGES OF CRUELTY ETC., TO FILIPINOS. 207 

Though not constituting a defense to the crime, the coercion exercised precludes 
the idea of malice aforethought and lessens the degree of criminality. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard la])or for the term of twenty (20) years. As 
thus commuted, the sentence will be duly executed at the Presidio de Manila, to 
which this prisoner will be sent under proper guard. 
By command of ]\Iajor-General Mac Arthur: 

Thomas H. Barry, 
Assistant Adjutant-General, U. S. Army, Clilef of Staff. 



Headquarters Division of the Philppixes, 

Manila, P. I., July 2, 1901. 
General Orders, Xo. 161. 

Before a military commission which convened at Oroquieta, Mindanao, P. I., pur- 
suant to paragraph 1, Special Orders, No. 23, Headquarters Department of Mindanao 
and Jolo, February 6, 1901, and of which Maj. Michael M. McXamee, Fortieth 
Infantry, U. S. Volunteers, was president, and First Lieut. Kenneth C. Mastellar, 
Fortieth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried 
Pio Balugbug, a native. 

Charge I. — "Being a member of and abetting in the work of an organized band of 
armed outlaws-, contrary to the laws and usages of war." 

Specification. — "In that he, Pio Balugbug, native, did join and become a member 
of an organized band of armed outlaws, under the leadership of one Julio Roda, 
native, for the purpose of plunder, rolDl^ery, arson, murder, and assassination in and 
near the barrio of Macpan, puel^lo of Jiminez, province of Misamis, island of Minda- 
nao, P. I." 

"This at or near the place specified, a place then as now within the theater of 
military operations by United States troops, for the period of two weeks, more or less, 
in the first part of Januarv, 1901, a time then as now of insurrection against the 
United States." 

Charge II. — "Murder." 

Specification. — "In that he, Pio Balugbug, native, did, in company of and consort- 
ing with armed outlaws to the number of three (3), more or less, wilfully, feloni- 
ously, and with malice aforethought, kill and murder Luciano Magdales, native, by 
stabbing him, the said Luciano Magdales, with knives or bolos held in the hands of 
the said Pio Balugbug and of the said armed outlaws, inflicting wounds therewith 
whereof the said Luciano ^Magdales then and there died." 

"This at or near the barrio of Macpan, pueblo of Jiminez, province of Misamis, 
island of Mindanao, P. L, a place then, as now, under the military government of 
the United States, on or about January 8, 1901, then, as now, a time of insurrection 
against the lawful authoritv of the United States." 

Plea.— "Not guihy." 

Finding. — " Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Pio Balugbug, 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring." 

In the foregoing case it appears that the accused, Pio Balugbug, native, voluntarily 
joined a band of armed outlaws operating in the province of Misamis, Mindanao, 
and, on or about January 8, 1901, captured and murdered a native, Luciano Mag- 
dales, accused of ])eing a spy for the Americans, and, in conjunction with another 
outlaw, stab])ed him to death with daggers. The crime is fully i^roven and not 
denied by the accused, who, however, seeks to justify it on the plea that he was 
acting under orders of a superior. That superior denies that he gave orders for the 
death of the victim, but if he had it would constitute no defense in law. Men being 
banded together for the commission of crime are all principals in the execution 
thereof. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Jiminez, island of ^lindanao, P. L, on the 16th day 
of August, A. D. 1901, under the direction of the connnanding general, Department 
of Mindanao and Jolo. 

By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Assistant Adjutant-General, U. S. Army, Chief of Staff'. 



208 CHAKGES OF CKUELTY, ETC., TO FILIPINOS. 

Headquaeters Division of the Philippines, 

Manila, P. I., July 2, 1901. 
General Orders, No. 162. 

Before a military commission which convened at Laoag, Province of Ilocos Norte, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 98, Headquarters Depart- 
ment of Northern Luzon, April 10, 1901, and of which Maj. Alfred Eeynolds, Twentieth 
U. S. Infantry, was president, and First Lieut. George H. Estes, Twentieth U. S. Infan- 
try, was judge-advocate, was arraigned and tried, Eusabio Rabanal, a native. 

Charge — " Murder. ' ' 

Specification. — "In that Eusabio Rabanal, native, did on some day in February, 
1900, a time then as now of insurrection, at or near Batac, Ilocos Norte, P. I., a place 
then as now under military authority of the United States, in company of and con- 
sorting with a band of outlaws, wilfully, feloniously, and with malice aforethought, 
kill and murder Guillermo Crisostomo, by inflicting wounds with a dagger held in 
the hands of said band, by reason of which wounds Crisostomo then and there died. 
This at the time and place above specified." 

Plea.— "Not guilty." 

Finding. — Of the specification, "Guilty, except the words, 'a band of armed out- 
laws,' substituting therefor 'others,' and excepting the words 'held in the hands of 
said band,' substituting therefor 'held in the hands of another,' and excepting the 
words 'kill and murder,' substituting therefor 'procure and cause the killing and 
murdering of , ' the excepted words ' not guilty,' ancl of the substituted words 'guilty.' " 
Of the charge, ''guilty." 

Sentence. — And the commission does therefore sentence him, Eusabio Eabanal, 
native, "to be hung by the neck until he is dead, at such time and place as the proper 
authority may direct, two-thirds of the members concurring therein. 

In the foregoing case it appears that the accused, Eusabio Rabanal, was the leader 
of a band- of outlaws; that he caused to be seized and bound one Guillermo Crisos- 
tomo, suspected of being an American sympathizer at Batac, Ilocos Norte, in Feb- 
ruary, 1900, and handing his dagger to a member of his band directed him to kill 
Crisostomo, under penalty of death in case of refusal. 

The killing was accordingly consummated in the presence of accused and under his 
direction. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Pueblo of Batac, Ilocos Norte, Luzon, P. I., on the ninth (9th) 
day of August, A. D. 1901, under the direction of the commanding general, Depart- 
ment of Northern Luzon. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Assistant Adjutant- General, U. S. Army, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., Jnly 10, 1901. 
General Orders, No. 167. 

Before a military commission which convened at Concepcion, province of Tarlac, 
Luzon, P. I., pursuant to paragraph 7, special orders, No. 79, Headquarters Depart- 
ment of Northern Luzon, March 22, 1901, and of which Capt. Robert K. Evans, 
Twelfth U. S. Infantry, was president, and First Lieut. Earle Edmundson, Thirty- 
third Infantry, V. S. Vols., w^as judge-advocate, were arraigned and tried: 

Florentino Canlas, Gregorio Castro, Saturnino Serrano, Magno Gervacio, and Louis 
Canlas, natives. 

Charge I. — "Assault and battery with intent to do bodily harm." 

Specification. — "That Florentino Canlas, Gregorio Castro, Saturnino Serrano, 
Magno Gervacio and Louis Canlas, in company of and consorting with one Eugenio 
Canlas, did, in time of insurrection go to Potenciano Basco's house in the barrio of 
Balutu, Pueblo of Concepcion, province of Tarlac, P. I., a place then as now in the 
theatre of military operations, and did feloniously and forcibly and against their wills, 
conduct therefrom, with intent to do bodilj^ harm, Potenciano Basco, and Leoncio 
Alvarez, natives, lawfully residing in said barrio of Balutu. This at the place above 
specified, about 10 o'clock p. m., December 29, 1900." 

Charge II.— " Murder." 

Specification. — "That Florentino Canlas, Gregorio Castro, Saturnino Serrano, 
Magno Gervacio, and Louis Canlas, in company of and consorting with one Eugenio 
Canlas, did wilfully, feloniously, and with malice aforethought, murder and kill 
Potenciano Basco, by striking him, the said Potenciano Basco, with bolos, held in 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 209 

the hands of the said Eugenio Canlas, and of the said Florentino Canlas, Gregorio 
Castro, Saturnino Serrano, Magno Gervacio, and Louis Canlas, inflicting wounds 
therewith, whereof he, the said Potenciano- Basco, then and there died. This in 
time of insurrection at about 10 o'clock p. m., December 29, 1900, at or near the 
barrio of Balutu, Pueblo of Concepcion, Tarlac, P. L, a place then as now in the 
theatre of military operations." 

Pleas.— "Not guilty." 

Findings. — "Guilty." 

Sentence. — And the commission does therefore sentence them, Florentino Canlas, 
Gregorio Castro, Saturnino Serrano, Magno Gervacio, and Louis Canlas, natives, and 
each of them "To be confined at hard labor, at such place as the reviewing authority 
may direct, for the period of thirty (30) years." 

In the foregoing case it appears that the accused, Florentino Canlas, Gregorio 
Castro, Saturnino Serrano, Magno Gervacio, and Louis Canlas, in company of and 
consorting with one Eugenio Canlas, sequestrated from their houses at the pueblo of 
Concepcion, Tarlac, two natives, Potenciano Basco and Leoncio Alvarez, conveyed 
them to an isolated spot where Potenciano Basco was killed with a bolo by Eugenio 
Canlas. 

The records show that these accused assisted in the capture of the victims and 
conveying them to or near the site where one was killed; although some doubt arises 
as to whether they were aware prior to the killing that such was the purpose of their 
leader, Eugenio Canlas. 

The sentence, approved by the department commander, is confirmed, but in 
accordance with his recommendation, is commuted as to each of these accused, to 
imprisonment at hard labor for the term of fifteen (15) years. The Presidio de 
Manila is designated as the place for the execution of the sentence, to which place 
these prisoners will be sent under proper guard. 

By command of Major-General Chaffee: 

Thomas H. Baery, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, July 10, 1901. 
General Orders, No. 168. 

Before a military commission which convened at Guinan, island of Samar, P. I., 
pursuant to paragraph 2, special orders, No. 110, Headquarters Department of 
Southern Luzon, April 20, 1901, and of which First Lieut. James N. Pickering, First 
U. S. Infantry, was president and First Lieut. Edward E. Downes, First U. S. Infan- 
try, was judge-advocate, was arraigned and tried Torneno Abode, native. 

Charge. — "Murder." 

Specification. — "That on the 4th day of March, 1901, then, as now, a time of insur- 
rection, at the sitio of Anoron, in the province of Samar, on the island of Samar, of 
the Philippine Islands, a place then, as now, under the military occupation and gov- 
ernment of the United States, one Torneno Abode, a Filipino and a resident of said 
province of Samar, sitio of Banajoa, did feloniously, willfully, and with malice 
aforethought murder and kill one Graciano Macabela, a Filipino and a resident of 
the sitio of Alengarog, by then and there cutting and stabbing the said Graciano 
Macabela with a knife held in the hands of said Torneno Abode, then and there 
inflicting upon the said Graciano Macabela wounds, by reason of which said wounds 
the said Graciano Macabela died on the 6th day of March, 1901, at the pueblo of 
Mercedes, province of Samar, island of Samar, Philippine Islands." 

Plea.— "Guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Torneno Abode, 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case the accused, Torneno Abode, pleaded guilty to the charge of 
murder, and evidence was received substantiating such plea. It appears that the 
accused, while drunk, attacked and killed with a knife one Graciano Macabela at the 
sitio of Anoron, Samar, actuated by resentment at a blow with a cane inflicted by 
deceased upon accused some months previous. 

Though drunkenness, per se, is no excuse for a crime, it may be relevant in fixing 
the degree of guilt and as effecting the question of malice aforethought, premedita- 
tion, or the capacity of the accused to distinguish between right and wrong. 

The sentence, approved by the department commander, is confirmed, but, in 

S. Doc. 205, pt 2 Itt 



210 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

accordance with his recommendation, is commuted to imprisonment at hard labor 
for the term of fifteen (15) years. As thus commuted, the sentence will be duly 
executed at the Presidio de Manila, to which place the prisoner will be sent under 
proper guard. 

By command of Major-General Chaffee: 

Thomas H. Barry, 
Assistant A djutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., July 10, 1901. 
General Orders, No. 169. 

Before a military commission which convened at Oroquieta, island of Mindanao, 
P. I., pursuant to paragraph 1, Special Orders, No. 23, Headquarters Department of 
Mindanao and Jolo, February 6, 1901, and of which Maj. Michael M. McNamee, 
Fortieth Infantry, U. S. Volunteers, was president, and First Lieut. Kenneth C. Mas- 
teller, Fortieth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and 
tried, Julio Roda, native. 

Charge I. — "Organizing and leading a band of armed outlaws, (contrary to the laws 
and usages of war." 

Specification. — "In that he, Julio Roda, did organize and style himself leader of a 
band of armed outlaws, and did enlist, for the purpose of plunder, robbery, arson, 
murder, and assassination, certain natives, to the number of fourteen (14), more or 
less, in and near the barrio of Macpan, pueblo of Jimenez, province of Misamis, 
island of Mindanao, P. I." "This at or near the place specified, a place then as 
now within the theater of active military operations by United States troops, for the 
period of two weeks, more or less, in the first part of January, 1901, a time then as 
now of insurrection against the U^nited States. ' ' 

Charge II. — " Arson." 

Specification. — "In that he, Julio Roda, a native, in company of and consorting with 
an armed band of natives, to the number of fourteen (14), more or less, of which said 
band the said Julio Roda was the leader and in commaiid, did willfully, maliciously, 
and feloniously set fire to and burn the dwelling house of one Janaro Osamis, or in 
person causing said dwelling house to be set on fire and burned by member or mem- 
bers of said band, of which he was leader." 

' " This at or near the barrio of Macpan, pueblo of Jimenez, province of Misamis, 
island of Mindanao, P. I., a place then as now under the military government of the 
United States, on or about January 16, 1901, then as now a time of insurrection 
against the lawful authority of the United States." 

Charge III. — " Larceny. ' ' 

Specification 1. — " In that he, Julio Roda, a native, in company of and consorting 
with an armed band of natives, to the number of fourteen (14), more or less, of which 
said band the said Julio Roda was the leader and in command, did willfully, mali- 
ciously, and feloniously take, steal, and carry away two beef cattle, or did in person 
cause said beef cattle to be stolen and carried away, by member or members of said 
band, of which he was leader, value unknown, this property or person or persons 
unknown. This at or near the barrio of Macpan, pueblo of Jimenez, province of 
Misamis, island of Mindanao, P. I., a place then as now under the military govern- 
ment of the United States, on or about January 10, 1901, then as now a time of insur- 
rection against the lawful authority of the United States. 

Specification 2. — "In that he, Julio Roda, a native, in company of and consorting 
with an armed band of natives, to the number of fourteen ( 14) , more or less, of which 
said band the said Julio Roda was the leader and in command, did willfully, mali- 
ciously, and feloniously take, steal, and carry away, or did in person cause to be stolen 
and carried away, by member or members of said band, of which he was the leader, 
one (1) hog, value unknown, the propert}^ of the estate of the native Eugenio Sarmi- 
ento, deceased. This at or near the barrio of Macpan, pueblo of Jimenez, province 
of Misamis, island of Mindanao, P. I., a place then as now under the military gov- 
ernment of the Lf^nited States, on or about January 12, 1901, then as now a time of 
insurrection against the lawful authority of the United States." 

Charge IV.—" Murder." 

Specification 1. — " In that he, Julio Roda, a native and leader of an armed band of 
native outlaws, did willfully, feloniously, and with malice aforethought kill and mur- 
der a native Filipino, name unknown, by stabbing him, the unknown native Filipino, 
with knives or bolos held in the hands of the said Julio Roda, and members of said 
band, inflicting wounds therewith whereof the said native Fflipino then and there 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 211 

died, or in person causing the said native to be killed by a member or members of the 
said band of which he was the leader. This at or near the barrio Panaon, pueblo of 
Jimenez, province of Misamis, island of ^Mindanao, P. I., a place then as now under 
the military government of the United States, on or about January 5, 1901, then as 
now a time of insurrection against the lawful authority of the United States." 

Specification 2. — "In that he, Julio Eoda, a native and leader of an armed band of 
native outlaws, did willfully, feloniously, and with malice aforethought kill and murder 
Luciano Magdales, native, by stabbing him, Luciano Magdales, with knives or bolos 
held in the hands of the said Julio Roda and members of said band, inflicting wounds 
therewith whereof the said Luciano Magdales then and there died, or in person 
causing the said Luciano Magdales to be killed by a member or members of the said 
band of which he was the leader. This at or near the barrio of Macpan, pueblo of 
Jimenez, province of Misamis, island of Mindanao, P. I., a place then, as now, under 
military government of the United States, on or about January 8, 1901, then, as now, 
a time of insurrection against the lawful authority of the L^nited States." 

Specification 3. — "In that he, Julio Roda, a native and leader of an armed band of 
natives, did willfully, feloniously, and with malice aforethought kill and murder 
Eugenio Sarmiento, native, by stabbing him, the said Eugenio Sarmiento, with knives 
or bolos held in the hands of the said Julio Roda and members of said band, inflict- 
ing wounds therewith whereof the said Eugenio Sarmiento then and there died, or in 
person causing the said Eugenio Sarmiento to be killed by a member or members of 
the said band of which he was leader. This at or near the barrio of Macpan, pueblo 
of Jimenez, province of Misamis, island of Mindanao, P. I., a place then, as now, 
under the military government of the United States, on or about January 12, 1901, 
then, as now, a time of insurrection against the lawful authoritv of the United 
States." 

Plea.— "Not guilty." 

Finding. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" 
of the specification, second charge, "not guilty;" of the second charge, "not guilty;" 
of the first specification, third charge, "guilty;" of the second specification, third 
charge, "guilty;" of the third charge, "guilty;" of the first specification, fourth 
charge, "guilty;" of the second specification, fourth charge, "guilty;" of the third 
specification, fourth charge, "guilty;" of the fourth charge, "guilty." 

Sentence. — And the commission does, therefore, sentence him, Julio Roda, native, 
"To be hanged by the neck, until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring." 

In the foregoing case it appears that this accused, Julio Roda, organized a band of 
armed outlaws for the purpose of robbery and assassination in and about the vicinity 
of Jimenez, Misamis, Mindanao, and that in addition to stealing cattle and hogs, 
three brutal murders were committed by members of the band, under direct orders 
of accused and under his threat to personally shoot all who disobeyed. In proof of 
the execution of his orders his followers usually exhibited to him their bloody 
bolos. The victims were thus killed because of being suspected of friendship to the 
Americans. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Jimenez, island of Mindanao, P. I., on the sixteenth 
day of August, A. D. 1901, under the direction of the commanding general, depart- 
ment of Mindanao and Jolo. 

11. — Graciano Gael, native. 

Gharge I. — "Being a member of and abetting in the work of an organized band of 
armed outlaws contrary to the laws and usages of war." 

Specification. — "In that he, (iraciano Gael, native, did join and become a member 
of an organized band of armed outlaws under the leadership of one Julio Roda, native, 
for the purpose of plunder, robbery, arson, murder, and assassination, in and near 
the barrio of Macpan, pueblo of Jimenez, province of Misamis, island of Mindanao, 
P. I. This at or near the place specified, a place, then as now, within the theater of 
military operations by the United States troops, for the period of two weeks, more 
or less, in the first part of January, 1901, a time, then as now, of insurrection against 
the United States." 

Gharge II. — "Larceny." 

Specification. — "In that he, Graciano Gael, native, did, in company of and consort- 
ing with armed outlaws, to the number of four, more or less, willfully and feloniously 
take, steal, and carry away two beef cattle, value unknown, property of party or 
parties unknown. This at or near the barrio of Macpan, pueblo of Jimenez, province 
of Misamis, island of ^Mindanao, P. I., a place, then as now, under the military gov- 
ernment of the L^nited States, on or about January 10, 1901, then as now, a time of 
insurrection against the lawful authoritv of the United States." 



212 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Charge III.— ''Murder." 

Specification. — "In that he, Graciano Gael, native, did, in company of and consort- 
ing with armed outlaws to the number of three, more or less, willfully, feloniously, 
and with malice aforethought kill and murder Luciano Magdales, native, by stabbing 
him, the said Luciano Magdales, Avith knives or bolos held in the hands of the said 
Graciano Gael and of the said armed outlaws, inflicting wounds therewith whereof 
the said Luciano JNIagdales then and there died. This at or near the barrio of Mac- 
pan, pueblo of Jimenez, province of Misamis, island of Mindanao, P. I., a place, then 
as now", under the military government of the United States, on or about January 8, 
1901, then as now, a time of insurrection against the lawful authority of the United 
States." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Graciano Gael, 
native, "To be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring." 

In the foregoing case it appears that the accused, Graciano Gael, voluntarily joined 
a band of armed outlaws operating in the vicinity of Jimenez, Mindanao, stole two 
beef cattle from one Miguel Adorable, and in company of members of such band 
captured and stabbed to death one Luciano Magdales, on the pretext that he was a 
spy of the American Government. 

No reasonable doubt as to his guilt arises from the record, and he admits the facts 
material to establishing the crime. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Jimenez, island of Mindanao, P. L, on the 16th day 
of August, A. D. 1901, under the direction of the commanding general, department of 
Mindanao and Jolo. 

By command of Major-General Chaffee: 

Thomas H. Barry, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. /., July 13, 1901. 
General Orders, No. 170. 

Before a military commission which convened at Manila, P. I., pursuant to paragraph 
13, Special Orders, No. 101, Headquarters Department of Southern Luzon, April 
11, 1901, and of which Maj. George G. Greenough, Artillery Corps, U. S. Army, was 
president, and Capt. Palmer E. Pierce, Eighth U. S. Infantry, was judge-advocate, 
was arraigned and tried Claudio Marco, a native. 

Ch arge I. — " Murd er. ' ' 

Specification. — "In that Claudio Marco, native, did willfully, feloniously, and with 
malice aforethought murder and kill one Hilario Trimilios, native, by stabbing him 
with a knife held in the hands of the said Claudio Marco, thereby inflicting upon 
the person of the said Hilario Trimilios wounds whereof he, the said Trimilios, then 
and there died. This in time of insurrection, on board the sailing boat San Jose, in 
the bay of Batangas, near the town of Batangas, Batangas Province, P. L, a place 
under the military government of the United States, on or about the 19th day of 
November, 1900." 

Charge II. — "Assault with intent to kill." 

Specification. — "In that Claudio Marco, native, did willfully, feloniously, and with 
malice aforethought assault one Florentino Trimilios, native, by stabbing him with 
a knife held in the hands of the said Claudio Marco, with intent then and there to 
kill and murder him, the said Florentino Trimilios. This in time of insurrection, on 
board the sailing boat San Jose, in the bay of Batangas, near the town of Batangas, 
Batangas Province, P. 1., a place under the military government of the United States, 
on or about the 19th day of November, 1900." 

Plea. — To the specification, first charge, "guilty, except the words, 'willfully, 
feloniously, and with malice aforethought murder,' and 'on board the sailing boat 
San Jose, in the bay of Batangas, Batangas Province, P. I.,' substituting for the 
latter words, the words, 'at the town of Maricaban, island of Maricaban, P. I.,' 
and of the excepted words not guilty and of the substituted words, guilty. ' ' To the 
first charge, "not guilty, but guilty of manslaughter." To the specification, second 
charge, "guilty, except the words, 'willfully, feloniously, and with malice afore- 
thought,' and 'with intent then and there to kill and murder him, the said Floren- 
tino Trimilios, ' and ' on board the sailing boat San Jose, in the bay of Batangas 



CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 213 

Batangas Province, P. I.,' substituting for the latter words, the words, 'at the town 
of Maricaban, island of Maricaban, P. I., of the excepted words not guilty and of the 
substituted words guilty." To the second charge, "not guilty, but guilty of 
assault and battery. ' ' 

Finding. — Of the specification, first charge, "guilty, except the words, 'on board 
the sailing boat San Jose, in the bay of Batangas, near the town of Batangas, 
Batangas Province, P.. I.,' substituting therefor the words, 'at the town of Marica- 
ban, island of Maricaban, P. I., of the excepted words not guilty and of the substi- 
tuted words guilty." Of the first charge, "guilty." Of the specification, second 
charge, ' ' guilty, except the words, ' on board the sailing boat San Jose, in the 
bay of Batangas, near the town of Batangas, Batangas Province, P. I.,' substituting 
therefor the words, 'at the town of Maricaban, island of Maricaban, P. I,,' of the 
excepted words not guilty, and of the substituted words guilty." Of the second 
charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Claudio Marco, 
native, "to be hung by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case it appears that the accused, Claudio Marco, when interrupted 
in an attempt to steal part of a cargo of sugar from the sailing boat San Jose, on the 
shores of Batangas Bay, assaulted with a knife and killed Hilario Trimilios, quarter- 
master of the boat and custodian of the property attempted to be stolen. Accused 
grievously wounded Florentino Trimilios, who came to the assistance of his brother, 
so that his intestines protruded from the wound inflicted. 

The case presents no mitigating circumstances. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the city of Manila, Luzon, P. I., on the 9th day of August, A. D. 
1901, under the direction of the provost-marshal-general. 

By command of Major-General Chaffee:. 

Thomas H. Barry, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., July 19, 1901. 
General Orders, No. 174. 

Before a military commission which convened at Iloilo, island of Panay, P. I., 
pursuant to paragraph 3, Special Orders, No. 70, Headquarters Department of the 
Visayas, March 16, 1901, and of which Lieut. Col. Charles J. Crane, Thirty-eighth 
Infantry, U. S. Volunteers, was president, and Capt. Edwin F. Glenn, Twenty-fifth 
U. S. Infantry, was judge-advocate, was arraigned and tried Juan Bautista Confesor, 
native. 

Charge I. — "Aiding and abetting the enemy." Specification. — "In that on or 
about the 20th day of August, A. D. 1900, and at divers times and days since that 
date, then as now a time of insurrection, at or near the pueblo of Cabatuan, island 
of Panay, P. I., a place then as now a part of the territory and under the military 
government of the United States, one Juan Bautista Confesor, a native and principale 
of the said pueblo of Cabatuan, did, while still holding the aforesaid oflSce, know- 
ingly and willingly become an active member of an organization known as the 
'Katipunan,' the object of which said society is and was to aid, assist, and support 
the insurgent forces then and there being in rebellion against the lawfully constituted 
authority of the United States, by then and there contributing and collecting money, 
food, clothing, and tobacco for the said insurgent forces." 

Charge II. — "Violation of the laws of war." Specification. — "In that on or 
about the 3d day of December, A. D. 1900, then as now a time of insurrection, at or 
near the pueblo of Cabatuan, island of Panay, P. I., a place then as now a part of 
the territory and under the military government of the United States, one Juan Bau- 
tista Confesor, a native and principale of the said pueblo of Cabatuan, having freely 
and voluntarily taken and subscribed to an oath of allegiance to the United States, 
in words and figures substantially as follows, to wit — 

^'Juramento de fidelidad. 

"Ciudad de Kabatuan, Isla de Panay." 
" Yo, Juan Bautista Confesor, por la presente, renuncio a toda sumision a cual- 
quiera de y a todas los titulados gobiernos revolucionarios en las Islas Filipinas, 
y reconozco y acepto la autoridad suprema de los Estados Unidos de America en 



214 CHAEGES OF CKUELTY, ETC., TO FILIPINOS. 

• 
ellas establecida ; y juro solemente guardar verdadera fe y lealtad hacia aquel 
Gobierno; que en todo tiempo mi conducto sera la de un ciudadano fiel y pacifico 
de dichas islas y no mantendre relaciones directa ni indirectamento con, ni falicitara 
noticias a, ninguna enemiga de los Estados Unidos, ni prestare apoyo ayuda 6 pro- 
teccion a semejante enemigo. Que me impongo esta obligacion de mi libre y espon- 
tiinea voluntad, sin reservas mentales ne ningun genero ni proposito de evadirla, y 
asi Dios me ayuda. 

"Juan Bautista Coxtesor. 
" Firmado y jurado ante mi, hoy, dia 3 de Deciembre, 1900. 

"Homer B, Grant, 
"Second Lt. 26th Infly., U. S. Vols. 

did thereafter, to wit, on or about the 14th day of December, A. D. 1900, violate 
said oath of allegiance by then and there and in company with other members of 
the society known as the ' Katipunan ' conspiring with the insurgent forces then and 
there being in open rebellion against the lawfully constituted authority of the United 
States, to burn the aforesaid pueblo of Cabatuan, and to then and there surround and 
massacre the American forces then and there being stationed in the said pueblo of 
Cabatuan, and did then and there burn and cause to be burned the said pueblo of 
Cabatuan by the members of the police force of the said pueblo of Cabatuan." 

Charge III. — "Being a war rebel." Specification: "In that on or about the 3d 
day of December, A. D. 1900, then as now a time of insurrection, at or near the 
pueblo of Cabatuan, island of Panay, P. I., a place then as now a part of the terri- 
tory and under the military government of the United States, one Juan Bautista 
Confesor, a native, and principale of the said pueblo of Cabatuan, having freely and 
voluntarily taken and subscribed to an oath of allegiance to the United States, in 
words and figures substantially as follows, to wit: 

' ' Juramento de fidelidad. 

"Ciudad de Kabatuan, Isla de Panay. 
"Yo, Juan Bautista Confesor, por la presente, renuncio, a toda sumision a cual- 
quiera de y a todas los titulados gobiernos revolucionarios en las islas Filipinas, y 
reconozco y acepto la autoridad suprema de los Estados Unidos de America en ellas 
establecida; y juro solemnemente guardar verdadera fe y lealtad hacia aquel gobierno; 
que en todo tiempo mi conducto esar la de un Ciudadano fiel y pacifico de dichas islas 
y no mantendre relaciones directa ni indirectamente con, ni falicitara noticias a, 
ninguna enemiga de los Estados Unidos, ni prestare apoyo ayuda 6 proteccion a seme- 
jante enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntad, 
sin reservas mantales de ningun genero ni proposito de evadirla, y asi Dios me ayuda. 

"Juan Bautista Confesor. 

"Firmado y jurado ante mi, hoy, dia 3 de diciembre, 1900. 

"Homer B. Grant, 
" Second Lieutenant, Twenty-sixth Infantry , U.S. Vols.'' 

"did thereafter, to wit, on or about the 14th day of December, A. D. 1900, while still 
a principale and resident of the said pueblo of Cabatuan, then as now occupied by 
the military forces of the United States, conspire with certain other members of the 
society known as the 'Katipunan,' and officials of the said pueblo of Cabatuan, and 
with certain persons in open insurrection against the United States, to raise up in 
arms against said authority of the United States, and to then and there, and in con- 
junction with the police force of the said pueblo of Cabatuan and the said forces in 
insurrection against the United States, surround and capture the garrison of American 
soldiers then and there stationed." 

Charge IV. — "Arson." Specification: "In that on or about the 14th day of De- 
cember, A. D. 1900, then as now a time of insurrection, at or near the pueblo of 
Cabatuan, island of Panay, P. I., a place then as now a part of the territory and 
under the military government of the United States, one Juan Bautista Confesor, 
then and there occupying the position of principale of the said pueblo of Cabatuan, 
did willfully, feloniously, and maliciously order, direct, and cause to be burned, in 
the nighttime, 100 dwelling houses, more or less, in the said pueblo of Cabatuan, 
island of Panay, P. I." 

Charge V.— "Perjury." Specification: "In that on or about the 26th day of 
February, 1901, then as'now a time of insurrection against the lawfully constituted 
authority of the United States, at or near the pueblo of Iloilo, island of Panay, P. I., 
a place then as now under the military occupation and government of the United 
States, one Juan Bautista Confesor, a native, having duly appeared as a witness for 



CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 215 

the prosecution before a military commission convened per paragraph 2, Special 
Orders, No. 2, Headquarters Department of the Visayas, Iloilo, Panay, P. I., Jan- 
uary 3, 1901, in the case of the United States versus Julian Confesor, a native, and 
having been duly sworn as such to tell the truth, the whole truth, and nothing but 
the truth, did willfully, falsely, and corruptly testify as follows, to wit: 

Q. 'Were you in the house of Augustin Jiloca that afternoon (December 4, 1900)?' 

A. 'No, sir.' 

Q. 'Do I understand yoi;i to swear that you were not in the office that afternoon?' 

A. ' Yes, sir: I swear it.' 

Q. 'Do you know anything about any Katipunan society being formed in the 
pueblo of Cabatuan at any time from June to December of last year?' 

A. 'I only saw in the month of November a communication from Protacio Mon- 
dejar making Florentino Lucin presidente of the Katipunan.' 

Q. 'Did you ever meet with that Katipunan society yourself?' 

A. 'No, sir; only when they called us as owners of the church fund called the 
Correa; we met at Jiloca' s house.' 

* * -x- * * * * 

Q. ' Do you know whether or not a Katipunan society was regularly organized in the 
pueblo of Cabatuan? ' 

A. 'No, sir.' 

Q. ' Do you know that such a society was not organized there, composed of the 
principales of the pueblo of Cabatuan last year?' 

A. 'No, sir.' 

Q. 'Do you swear that no such society was organized?' 

A. 'Yes, sir; I swear it.' 

Q. 'You can swear that no such meeting was held on the evening of the fire?' 

A. 'Yes, sir; I swear it?' 

Q. 'You swear that there was not a meeting of the Katipunan in Agustin Jiloca' s 
office the evening of the fourteenth of December, last?' 

A. 'I was not there and did not hear anvthing about it.' 

•X- * ^ •3^"' ^ * -X- 

Q. ' Do you state under oath before this commission that there was no Katipunan 
society in Cabatuan last year, during any month? Do you swear that?' 

A. 'Yes, sir; there was not.' 

Q. ' How do you reconcile these two statements? You swear that Lucin was pres- 
ident of the society, and then you say that there was no society?' 

A. 'I gave him the name of presidente of the Katipunan, copying the title that 
Mondejar gave to Florentino Lucin.' 

Q. ' Do you state here under oath that you were not present last year at the meet- 
ing of the society of which Florentino Lucin was presidente? ' 

A. 'Yes, sir; I swear that I did not meet any society of which he was presidente; 
I only said that I was there as owmer.' 

Q. ' Do you state under oath that you were not present last year at the meeting of 
the society of which Florentino Lucin was presidente? ' 

A. 'No, sir.' 

Q. ' You swear that you were not? ' 

A. 'No, sir; I do not.' 

Q. ' Did you ever hear of a Katipunan society being formed out there in Cabatuan? ' 

A. 'No, sir.' 

which said testimony was false, in that he, the said Juan Bautista Confesor did state 
that he was not present at the house of Agustin Jiloco, December fourteenth, 1900; in 
that the said Juan Bautista Confesor stated that he had never met with a society 
known as the Katipunan; in that he stated that he knew of no such society as the 
Katipunan and that no such society Avas organized in the pueblo of Cabatuan; in that 
he stated that there was no meeting in Agustin Jiloca' s house the afternoon of Decem- 
ber fourteenth, 1900; in that he stated that there was no society of Katipunan in 
Cabatuan during the year of 1900; in that he stated that he was not present during 
the year of 1900 at a meeting of a society of which Florentino Lucin was president, 
and which said testimony was known by him, the said Juan Bautista Confesor, to be 
false, that it was material to the issues then and there being tried, and was given with 
the intent to deceive the said military commission." 

Plea.— "Not guilt V." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Juan Bautista Con- 
fesor, "To be confined at hard labor at such place as the reviewing authority may 
designate for the period of twenty (20) years." 

In the foregoing case, it appears that this accused, Juan Bautista Confesor, while 



216 CHARGES OF CRUELTY, ETC., TO FILIPIlSrOS. 

acting as a principale of the pueblo of Cabatuan, Panay, P. I., under the occupation 
of the Ignited States troops and government, aided and abetted the enemy by con- 
tributing to the insurgent soldiers food, money, clothing, and tobacco. It also appears 
this accused voluntarily took the oath of allegiance to the United States Government 
and thereafter violated the same by conspiring with the insurgent leaders and co- 
officials of Cabatuan to burn the town of Cabatuan and surround and attack the 
United States troops there garrisoned; that he encouraged the police force of such 
town to aid the insurgents in these acts, which resulted in burning nearly one hundred 
houses of the town. Furthermore, this accused is shown to have committed delib- 
erate and wilful perjury before a military commission during the trial of one of his 
Katipunan coconspirators, even after being warned as to the criminal consequence 
of such perjury. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presido de Manila, to which place the accused, Juan Bautista 
Confesor, will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., JvJy 19, 1901. 

General Orders, No. 175. 

Before a military commission which convened at Gerona, province of Tarlac, 
Luzon, P. I., pursuant to paragraph 7, Special Orders, No. 79, Headquarters Depart- 
ment of Northern Luzon, March 22, 1901, and of which Capt. Robert K. Evans, 
Twelfth U. S. Infantry, was president and First Lieut. Earle Edmundson, Thirty- 
third Infantry, U. S. Vols., was judge-advocate, were arraigned and tried Juan 
Aganon, INIariano Valdos, and Herman Garcia, natives. 

Charge. — "Murder." Specification. — "In that Juan Aganon, Mariano Valdos, 
and Herman Garcia, natives, and each of them, near the barrio of Buenavista, pueblo 
of Pura, province of Tarlac, Luzon, in territory then as now occupied by L^. S. 
troops, and at a time then as now of insurrection against the lawful authority of the 
United States, did willfully, feloniously, and with malice aforethought kill and 
murder a native Macabebe, a member of the municipal police force of the pueblo of 
Pura, named Micardio, by cutting the said Micardio with a knife held in the hands 
of the said Mariano Valclos, inflicting wounds therewith whereof the said Micardio 
then and there died. This at the place above specified, on or about October 17, 
1900." 

Pleas.— "Guiltv." 

Findings.— "Guilty." 

Sentence. — And the commission does therefore sentence them, Juan Aganon and 
Mariano Valdos. natives, and each of them, "to be hanged by the neck until dead, 
at such place as the reviewing authority may designate, two-thirds of the commission 
concurring therein. ' ' 

And the commission does therefore sentence him, Herman Garcia, native, "to be 
confined at hard labor, at such place as the reviewing authority may direct, for the 
period of thirty years." 

In the foregoing case it appears these accused, Juan Aganon, Mariano Valdos, and 
Herman Garcia, caused two Macabebe policemen to be captured and brought before 
them to answer to a charge of being American spies. Aganon ordered one, Micardio, 
to be put to death, and accused, Valdos, killed him by striking him on the head 
with a bolo and then and there buried him. Accused Garcia was present at the 
killing and did not report the crime to the authorities. 

The sentence, approved by the department commander, is confirmed, and as against 
Mariano Valdos will be duly executed at Gerona, province of Tarlac, Luzon, P. L, 
on the 16th day of August, A. D. 1901, under the direction of the commanding gen- 
eral. Department of Northern Luzon. 

The accused Juan Aganon is already under sentence of death for another crime. 

The place of execution of the sentence of Herman Garcia is designated as the Pre- 
sidio de Manila, to which place the prisoner will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant A dju tant- General. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 217 

Headquarters Division of the Philippines, 

Manila, P. L, July 19, 1901. 
General Orders, No. 176. 

Before a military commission which convened at the pueblo of Tarlac, province of 
Tarlac, Luzon, P. I., pursuant to paragraph 7, Special Orders, No. 79, Headquarters 
Department of Northern Luzon, March 22, 1901, and of which Capt. Robert K. 
Evans, Twelfth L^. S. Infantry, was president and First Lieut. Earle Edmundson, 
Thirty-third Infantry, U. S. Volunteers, was judge-advocate, was arraigned and 
tried Apolonio Almera, native. 

Charge I. — "Kidnapping." Specification. — In that he, Apolonio Almera, a 
native and a resident of province of Tarlac, island of Luzon, P. I., in or about the 
the month of April, 1900, a time, then as now, of insurrection, at Murcia, province 
of Tarlac, island of Luzon, P. I. , a place, then as now, under the military authority 
of the United States, in company of and consorting with a band of armed outlaws, 
to wit, Mariano Taroc, Leoncio de la Cruz, Faustino Galang, did, feloniously and 
forcibly, bodily seize and carry away from his home, and against his will, one 
Estanislan Calma, a native. This in the barrio of San Carlos, pueblo of Murcia, 
province of Tarlac, island of Luzon, P. I. 

Charge II. — "Murder," Specification. — In that Apolinio Almera, a native and a 
resident of province of Tarlac, island of Luzon, P. I., in or about the month of 
April, 1900, in time of insurrection, then and there being, and within the territory 
occupied by the military forces of the United States, in company of and consorting 
with a hand of armed outlaws, to wit, Mariano Taroc, Leoncio de la Cruz, Faustino 
Galang, did forcibly seize and carry away Estanislan Calma, a native, and did will- 
fully, feloniously, and with malice aforethought kill and murder the said Calma, 
by striking him in the head with a rifle held in the hands of members of said band, 
names unknown, inflicting wounds upon the said Calma from which he then and 
there died. This in the barrio of San Miguel, pueblo of Murcia, province of Tarlac, 
island of Luzon, P. I. 

Plea.— "Not guilty." 

Finding— "Guilty.'" 

Sentence. — And the commission does therefore sentence him, Apolonio Almera, 
native, "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case it appears that this accused, Apolonio Almera, with three 
armed companions, went to the house of Estanislan Calma, at Murcia, Tarlac, in the 
month of April, 1900, forcibly seized and bound him and conveyed him to the 
woods, where accused killed him with a blow on the head with the butt of his rifle. 
The motive was an alleged promise to pay accused 15 pesos, made by a woman, for 
the perpetration of the deed. 

Any person who murders for hire forfeits all right to clemency. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the pueblo of Gerona, province of Tarlac, Luzon, P. I., on the 16th 
day of August, A. D. 1901, under the direction of the commanding general. Depart- 
ment of Northern Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, July 19, 1901. 
General Orders, No. 177. 

Before a military commission which convened at Sorsogon, province of Sorsogon, 
Luzon, P. I., pursuant to paragraph I, Special Orders, No. 203, November 4, 1900, 
Headquarters Department of Southern Luzon, and of which Maj. Keller Anderson, 
Forty-seventh Infantry, U. S. Vols., was president, and Capt. John G. Livingston, 
Forty-seventh Infantry, U. S. Vols., was judge-advocate, was arraigned and tried 
Abdon Dumpay and Julian Dones, natives. 

Charge. — "Murder." Specification — "In that they, Abdon Dumpay and Julian 
Dones, natives, and each of them, on or about January 27, 1901, at a time, then, as 
now, of insurrection, at or near the barrio of Vinlayon, province of Sorsogon, P. I., 
in company with native Eusebio P]dma, did willfully, feloniously, and with malice 
aforethought kill and murder Go Diogno, a chiiio, by stabbing the said Go Diogno 
with a dagger and cutting him with a bolo, held in the hands of the said Abdon 
Dumpay and Julian Dones, and their companion, inflicting wounds therewith 



218 CHARGES OF CRUELTY. ETC.. TO FILIPINOS. 

whereof the said Go Diogno, a ehino, then and there died. This at the time and 
place above specified.'' 

Plea. — '-(.Tiiihy." 

Fixdinxt. — •"Guilty." 

Sentence. — And the commission does therefore sentence them, Abdon Dumpay 
and Julian Dones, natives, and each of them, "to be hanged by the neck until dead, 
two-thirds of the commission concurring therein, at such time and place as the 
reviewing authority may direct." 

In the foregoing case it appears that these accused, Abdon Dumpay and JuHan 
Dones, about January 27, 1901, at the barrio of Yinlayon, province of Sorsogon, m 
the nighttime, entered the house of a Chinaman, Go Diogno, accused him of being 
an Americanista, struck and stabbed him to death with a bolo and dagger, and, car- 
rying out the body, cast it into a carabao wallow. 

Xo denial of the killing, as alleged, is attempted by these accused, who rest their 
claim for mitigation on the general statement that they were acting under orders of 
another. In this instance the person these accused claim they obeyed was not pres- 
ent, and hence they were at liberty to disobey the order of the assassin who gave 
it. All who order and all who execute deeds of murder and assassination are princi- 
pals in law and are alike subject to its penalties. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Sorsogon. province of Sorsogon, Luzon, P. I., on the 
23d day of August, A. D. 1901, under the direction of the commandmg general, 
Department of Southern Luzon. 

Bv command of ^lajor-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., July 19, 1901. 
CTcneral Orders. Xo. 178. 

Before a military commission, which convened at San Fernando, province of Pam- 
panga. Luzon. P. I., pursuant to paragraph 1, Special Orders, Xo. 230, Headquarters 
Department of Xorthern Luzon, December 19, 1900, and of which Maj. Frank H. 
Titus, surgeon, 1". S. Volunteers, was president, and Capt. William R. Sample, adju- 
tant. Third X . S. Infantry, was judge-advocate, was arraigned and tried, Tedorico 
Cuyanan. native. 

Charge I. — ''Kidnaping." 

SpeciMcation. — " In that Tedorico Cuyanan, a native, accompanied by and consorting 
with Enrique Aguas, Camilo Aguas and others, number and names unknown, l^eing 
armed with deadly weapons, to wit, rifles, revolvers, and bolos, on or about the 14th 
day of October, 1900, a time then as now of insurrection against the authority of the 
Ignited States, at the barrio of San Juan, pueblo of Mexico, province of Pampanga, 
P. I., a place then as now within the limits of the territory occupied by the troops 
of the United States, did enter a house in the aforesaid barrio of San Juan and for- 
cibly and feloniously take from said house and against their will two natives, to wit, 
Jacinto Salunga and Pedro Salunga, there peaceably residing. This at the time and 
place above specified." 

Charge II. — •' Murder." 

Specification. — ' ' In that Tedorico Cuyanan, a native, accompanied by and consorting 
with Enrique Aguas. Camilo Aguas and others, number and names unknown, being 
armed with deadly Aveapons, to wit, rifles, revolvers, and bolos, on or about the 14th 
day of October, 1900, at a time then as now of msurrection against the authority of 
the United States, at the barrio of San Juan, province of Pampanga, P. I., a place 
then as now within the limits of the territory occupied by the troops of the I'nited 
States, did willfully, feloniously, and with malice aforethought kill and murder two 
natives, to wit, Jacinto Salunga and Pedro Salunga by burying alive the aforesaid 
Jacinto Salunga and Pedro Salunga, and each of them, and covering their bodies with 
earth in such a manner as did then and there cause their death. This at the time 
and place above specified." 

Plea.— "Xot guilty." 

F[NDiNG. — "CTuilty." 

Sentence. — And the commission does therefore sentence him, Tedorico Cuyanan, 
native, "to be hanged by the neck until dead, at such time and place as the reAiew- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein," 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 219 

In the foregoing case it appears that the accused, Tedorico Cuj^anan, was one oi a 
band of armed insurgents which on October 14, 1900, forcibly entered the house of 
Jacinto Salunga and Pedro Salunga, at San Juan, Mexico, Pampanga, bound them 
and buried them aUve in an isolated spot in the vicinity, the alleged motive being 
that the victims were spies for the Americans. 

The hearsay evidence given by Dr. Marion, over the objection of counsel for the 
accused, was palpably incompetent, and it is to be regretted that any commission 
should permit a record to be clouded with such self-evident and elementary error. 

Fortunately for the ends of justice, the crime is proven against this accused inde- 
pendently of that evidence, which must be totally disregarded, excepting as to the 
two competent facts of the finding of the bodies of these deceased and the admission 
of the accused that he was present at their burial. 

The sentence, approved by the Department commander, is confirmed and will be 
duly executed at San Fernando, province of Pampanga, Luzon, P. I., on the six- 
teenth (16th) day of August, A. D. 1901, under the direction of the commanding 
general. Department of Northern Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, July 20, 1901. 
General Orders, No. 180. 

Before a military commission which convened at Tayug, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 4, Headquarters Depart- 
ment of Northern Luzon, January 5, 1901, of which Capt. Joseph B. Batchelor, jr., 
24th U. S. Infantry, was president, and Second Lieut. John B. Sanford, 24th U. S. 
Infantry, was judge-advocate, were arraigned and tried: Gregorio Ybasco and Agapito 
Tucay, natives. 

Charge I. — "Robbery." Specification. — "In that Gregorio Ybasco and Agapito 
Tucay, natives, and each of them, in company of and consorting with a band of 
ladrones, to the number of 10, more or less, armed with rifles and talibones (or 
machetes), on or about one Sunday in December, 1899, a time then as now of insur- 
rection against the authority of the L^^nited States, at or near a barrio of San Nicolas, 
Pangasinan, P. I., called Santo Tomas, a place then as now in the theater of active 
military operations, did forcibly, feloniously, and against the will of the owners, 
take from the presence of the owners money to the amount of one hundred (100) 
pesos, Mexican, more or less, the property of Chrisostomo Mejia, Manuel Serios, 
Bartolome Tamayo, Juan Salinas, Santiago de los Santos, Ysidro Fernandez, Clemente 
Dodang Cruz, and Diogracias Escanor, all of San Nicolas, Pangasinan, P. I. This at 
time and place above specified." 

Charge II. — "Murder." Specification. — "In that Gregorio Ybasco and Agapito 
Tucay, natives, and each of them, in company of and consorting with a band of 
armed ladrones to the number 10, more or less, on or about one Sunday in Decem- 
ber, 1899, day of month unknown, a time then, as now, of insurrection against the 
authority of the United States, at or near a barrio of San Nicolas, Pangasinan, P. I., 
called Santo Tomas, a place then, as now, in the theater of active military operations, 
did, wilfully, feloniously, and with malice aforethought kill and murder Manuel 
Serios, Bartolome Tamayo, Juan Salinas, Santiago de los Santos, Ysidro Fernandez, 
Clemente Dodang Cruz, and Diogracias Escanor, peaceable natives of San Nicolas, 
Pangasinan, P. I., after having bound them securely with ropes, by cutting and stab- 
bing them, the said Manuel Serios, Bartolome Tamayo, Juan Salinas, Santiago de los 
Santos, Ysidro Fernandez, Clemente Dodang Cruz, and Diogracias Escanor, with 
talibones (or knives), held in the hands of Gregorio Ybasco, Agapito Tucay, and 
members of aforesaid band of ladrones, inflicting wounds ther ewith, whereof they 
the said Manuel Serios, Bartolome Tamayo, Juan Salinas, Sa ntiago de los Santos, 
Ysidro Fernandez, Clemente Dodang Cruz, and Diogracias Escanor, then and there 
died. This at time and place above specifled." 

Plea.— "Not guilty." 

Finding. — Of the specification, first charge, "guilty," except the words *100 pesos, 
Mexican, more or less, the property of Chrisostomo Mejia, Manuel Serios, Bartolome 
Tamayo, Juan Salinas, Santiago de los Santos, Ysidro Fernandez, Clemente Dodang 
Cruz, and Diogracias Escanor,' substituting therefor the words 'two pesos, more or 
less, the property of Chrisostomo Mejia ^nd Ysidro Fernandez,' and of the excepted 



220 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

words, not guiltj^ ; but guilty of the substituted words. " Of the first charge, ' ' guilty ;' ' 
of the specification, second charge, "guilty;" of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Gregorio Ybasco 
and Agapito Tucay, natives, and each of them, "to be hanged by the neck until each 
of them be dead, at the time and place as the reviewing authority may direct, two- 
thirds of the members of the commission concurring therein." 

In the foregoing case it appears that these accused, Gregorio Ybasco and Agapito 
Tucay, were active and directing members of a band of armed outlaws, organized for 
robbery and assassination; that they seized, bound, and robbed eight peaceable 
natives at San Nicolas, Pangasinan, in December, 1899, conveyed them to an isolated 
spot on the banks of a river, where seven men were assassinated with guns and bolos, 
because suspected of being friendly to the Americans. The eighth prisoner escaped 
by slipping into the river, bound as he was, and, climbing to a log of wood, floating 
downstream. No doubt of the guilt of these accused arises from the evidence and no 
mitigating circumstance suggests clemency. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of San Nicolas, province of Pangasinan, Luzon, P. I., on 
the sixteenth (16th) day of August, A. D. 1901, under the direction of the command- 
ing general. Department of Northern Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquartees Division of the Philippines, 

Manila, P. J., July 22, 1901. 
General Orders, No. 184. 

Before a military commission which convened at Urdaneta, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 220, Headquarters 
Department of Northern Luzon, December 8, 1900, and of which Captain James B. 
Goe, Thirteenth U. S. Infantry, was president, and First Lieutenant Harvey W. 
Miller, Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried: 

Marcelo Primecon, Epitacio Marcelo, Abalisto Baladad, Martin Ancheta, Placido 
Manangan, Leonardo Yictorio, Felix Corla, and Rosendo Pindara, natives. 

Charge.— " Murder. " 

Specification. — "In that they, Marcelo Primecon, Epitacio Marcelo, Abalisto Bala- 
dad, Martin Ancheta, Placido Manangan, Leonardo Yictorio, Felix Corla, and 
Rosendo Pindara, natives, and each of them, in company of and consorting with 
armed outlaws to the number of 10, more or less, did, willfully, feloniously, and with 
malice aforethought, kill and murder Bonifacio A^illanueva, Jose Yillanueva, Isaac 
Yillanueva, and Eustacio Yillanueva (the first named a boy about 6 years old), by 
cutting and stabbing them with bolos held in the hands of the said Primecon, 
Marcelo, Baladad, Ancheta, Manangan, Yictorio, Corla, and Pindara, and of the 
said outlaws, mflicting wounds therewith whereof they, the said Bonifacio Yillanu- 
eva, Jose Yillanueva, Isaac Yillanueva, and Eustacio Yillanueva, and each of them, 
then and there died. This in time of insurrection, on or about January 17, 1900, at 
or near the barrio of Cayambanan, pueblo of Urdaneta, province of Pangasinan, P. I., 
a place then as now in the theater of military operations." 

Pleas. — "Not guilty." 

Findings. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Marcelo Primecon 
and Epitacio Marcelo, natives, and each of them, "to be hung by the neck until 
they are dead, at such time and place as the reviewing authority may direct, two- 
thirds of the members concurring therein." 

And the commission does therefore sentence them, Abalisto Baladad, Martin 
Ancheta, Felix Corla, and Rosendo Pindara, natives, and each of them, "to be con- 
fined at hard labor, at such place as the reviewing authority may direct, for the 
period of twenty (20) years." 

In the foregoing case it appears that these accused, Marcelo Primecon, Epitacio 
Marcelo, Abalisto Baladad, Martin Ancheta, Leonardo Yictorio, Placido iNIanangan, 
Felix Corla, and Rosendo Pindara, seized and bound three visitors in the town of 
Cayambanan, Pangasinan, one a lad of 6 years of age, and murdered them with 
bolos. At the time of the murder, these accused gave as a reason therefor that the 
deceased were residents of the pueblo of Cabaruan, the inhabitants of which, it is 
known, had, by a criminal policy, made themselves a terror to the neighboring 
pueblos and communities; but the evidence shows that the deceased were not resi- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 221 

dents of Cabaruan, and this fact, together with the wanton including in the triple 
murder a mere child incapable in law of doing any wrong, leaves no ground upon 
which to exercii^e clemenc}'. 

During the trial, the case against Placido Manangan and Leonardo Victorio was 
nolle prosequied by proper authority. 

The sentence, approved by the department commander, is confirmed, and as against 
Marcelo Primecon and Epilacio Marcelo will be duly executed at Urdaneta, prov- 
ince of Pangasinan, Luzon, P. L, on the 30th day of August, A. D. 1901, under 
the direction of the commanding general, Department of Northern Luzon. The 
presidio de ^Manila is designated as the place of execution of the sentence against 
^balisto Baladad, Martin Ancheta, Felix Cork, and Kosendo Pindara, to which 
place they will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., July 22, 1901. 

General Orders, No. 185. 

Before a military commission which convened at Paniqui, province of Tarlac, Luzon, 
P. I., pursuant to paragraph 7, Special Orders, No. 79, Headquarters Department of 
Northern Luzon, March 22, 1901, and of which Maj. Robert K. Evans, 30th U. S. 
Infantry, was president, and First Lieut. Earle Edmundson, 33d Infantry, U. S. 
Volunteers, was judge-advocate, were arraigned and tried: 

Juan Sariano, Sinforoso Bulatao, and Casimiro Bulatao, natives. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Juan Sariano, Sinforoso Bulatao, and Casimiro Bulatao, 
natives, each of them, did, in time then, as now, of insurrection, willfully, feloniously, 
and with malice aforethought murder and kill Alejandro Poco, a native, by striking 
the said Alejandro Poco with bolos, inflicting wounds whereof the said Alejandro 
Poco then and there died. This at Canan, a barrio of Paniqui, province of Tarlac, 
a place then as now within the theater of military operations of the United States 
forces, at or about 8 a. m, the 14th day of March, 1901." 

Plea.— "Not guiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence them, Juan Sariano, 
Sinforoso Bulatao, and Casimiro Bulatao, natives, and each of them, "To be hanged 
by the neck until dead, at such time and place as the reviewing authority may 
direct, two-thirds of the commission concurring herein," 

In the foregoing case it appears that these accused, Juan Sariano, Sinforoso Bulatao, 
and Casimiro Bulatao, while cutting bamboo at or near a barrio of Paniqui, Tarlac, 
P. I., were approached by deceased, who asked them why they were cutting bamboo 
at that place, the bamboo appearing to be the property of deceased. Thereupon 
these accused attacked deceased with bolos and then and there killed him. 

No reasonable doubt of their guilt, as charged, arises from the record. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed against these accused, Juan Sariano, Sinforoso Bulatao, and Casimiro 
Bulatao, at Paniqui, province of Tarlac, Luzon, P. I., on the 30th day of August, 
A. D. 1901, under the direction of the commanding general. Department of Northern 
Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, July 22, 1901. 
General Orders, No. 186. 

Before a military commission which convened at Vigan, province of Ilocos Sur, 
Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 78, Headquarters Depart- 
ment of Northern Luzon, March 21, 1901, and of which Maj. George A. Dodd, Four- 
teenth U. S. Cavalry, was president, and First Lieut. Edward Sigerfoos, Fifth U. S. 
Infantry, was judge-advocate, was arraigned and tried Francisco Celedonio, native. 

Charge. — " Murder. ' ' 

Specification. — " In that Francisco Celedonio, commandant of insurgent guerrillas^ 



222 CHARGES OF CRUELTY. ETC.. TO FILIPINOS. 

native, on or about December 20, 1899, then as now a time of insurrection against 

the lawful autliority of the United States, at the pueblo of Cabugao. province of Ilocos 
Sur. P. I., a place then as now in the theater of active military operations, in com- 
mand of a band of guerrillas, twenty, more or less, did willfully, feloniously, and with 
malice aforethought, as an otficer of said band of guerrillas, order the killing and mur- 
dering of Basilio Noviega, presidente of said pueblo, and Benigno Sison, of said pueblo, 
by causing them, the said Xoviega and the said Sison, to be tied aiid bound so as to 
render them, the said Noviega and the said Sison. helpless and did cause them to be 
stabbed with bayonets in hands of a member of the said band, name unknown, 
inflicting wounds therewith whereof they, the said Xoviega and the said Sison, then 
and there died. This on the day and place above specified at about 11 p. m." 

Plea. — " Xot guilty." 

Finding. — " Guilty.'' 

Sentence. — And the commission does therefore sentence him, Francisco Celedonio, 
native, "To be hung by the neck until he, Francisco Cele<ionio, is dead, at such time 
and place as the reviewing authority may direct, two-thirds of the members of the 
commission concurring therein." 

In the foregoing case it appeal's that this accused. Francisco Celedonio, a comman- 
dant of guerrillas, with twenty followers, on December 20. 1899, entered the town of 
Cabugao. Ilocos Sur. then within the occupation of the United States troops and 
under United States government, seized and bound several inhabitants, including 
Basilio Xoviega, presidente, and Benigno Sison: caused these last two to l^e bay- 
oneted to death and atfixed to their foreheads a paper bearing the inscription 
"Traidor dela Patria." 

This crime constituted not only a violation of the laws of war but brutal and cow- 
ardly murders, with no other motive than punishment for the victims having 
accepted the United States protection and assisted in the local government there 
established. 

Such wanton assassination of those under the protection of the United States Gov- 
ernment can not l^e condoned and sooner or later must meet with the legal conse- 
quences prescribed for such barbarous deeds. 

The sentence, approved by the department commander, is confirme<i and will l)e 
duly executed at Cabugao. province of Ilocos Sur, Luzon, P. I., on the thirtieth 
(30th) day of August, A. D. 1901, imder the direction of the commanding general, 
Department of X'orthern Luzon. 

Bv command of ^lajor-General Chaffee: 

AV. P. Hall, 
A sslstant Adjuta nt- General. 



Headquaeters Division of the Philippines, 

Manila, P. /., Juli/ 22, 1901. 
General Ordei-s. Xo. 188. 

Before a military commission which convened at San Isidro, proAince of Xueva 
Ecija. Luzon. P. I., pursuant to paragraph 3, Special Orders. Xo. 171. Headquarters 
Department of Xorthern Luzon. October 17, 1900, and of which Capt. Erneste V. 
Smith. 4th U. S. Infantn-, was president, and First Lieut. Richard C. Day. 34th 
Infantry, U. S. Volunteers, was judge-a<lvocate, was arraigned and tried Ciriaco 
Cabungal, native. 

Charge I. — " Violation of the laws of war." 

Specification. — "In that Ciriaco Cabungal. a native, l^eing a member of a band 
of outlaws under one Sisto Francisco, in territory occupied by United States troops, 
and at a time then as now of insurrection against the lawful authority of the 
United States, and without participating continuously in the insurrection, but living 
habitually at his home and following a peaceful avocation, without the character 
or appearance of a soldier, did. from time to time, take up arms and molest, 
plunder, and terrorize peaceful inhabitants of the province of Xueva Ecija, Luzon. 
P. I. This at the place above specified during the time between September 1, 1900, 
and March 7, 1901." 

Charge II. — "Abduction." 

Specification. — "In that Ciriaco Cabungal. a native in company of and consorting 
with a band of armed outlaws, acting under orders from one Diego de Guzman and 
one Sisto Francisc-o, did feloniously and forcibly seize and carry away, against their 
will, the following j>ersons: Cristina Zapanta Lopez and Generosa Lopez, the wife 
and daughter, resi>ectively, of Prudencio Lopez, sergeant of police of the town of 
San Isidro, X. E.. P. I. this at the barrio of San Isidro ^Malipit. on the 7th day of 
January. 1901. a time of insurrection and within territory occupied by the L'nited 
States troops." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 228 

Charge III.— "Murder." 

Specification. — " In that Ciriaco Cabungal, a native, a member of a band of armed 
outlaws, associating and consorting therewith, did deliberately, feloniously, and 
with malice aforethought kill and murder by stabbing with knives, held in the 
hands of said band, the following persons: Oristina Zapanta Lopez and Generosa 
Lopez, the wife and daughter, respectively, of Prudencio Lopez, sergeant of police 
of the town of San Isidro, X. E., P. L, inflicting wounds whereof the said Cristiua 
Zapanta Lopez and Generosa Lopez, and each of them, then and there died. This 
at or near the town of San Nicolas, province of Xueva Ecija, Luzon, P. I., on or 
about the 7th day of January, 1901, a time of insurrection and within territory occu- 
pied by the United States troops." 

Plea. — To the specification, first charge, "guilty, except the words * Sisto Fran- 
cisco,' substituting therefor the words, 'Diego de Guzman;' of the excepted words, 
not guilty, and of the substituted words, guilty;" to the first charge, "guilty." 
To the specification, second charge, "guilty, excepting the words 'and one Sisto 
Francisco; ' and of the excepted words not guilty. To the second charge, " guilty." 
To the specification, third charge, "not guilty." To the third charge, " not guilty," 

FiNDixG. — Of the specification, first charge, "guilty," except the words 'Sisto 
Francisco,' substituting therefor the words, 'Diego de Guzman;' of the excepted 
words, not guilty, and of the substituted words, guilty." Of the first charge, 
'guilty;" of the specification, second charge, "guilty, excepting the words 'and one 
Sisto Francisco,' and of the excepted words, not guilty;" of the second charge, 
^'guiltv;" of the specification, third charge, "guiltv;" and of the third charge, 
*' guilty." 

Sentence. — And the commission does therefore sentence him, Ciriaco Cabungal, 
native, "To be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case the accused, Ciriaco Cabungal, has pleaded guilty to the first 
and second charges and their specifications, and there is ample evidence of record to 
sustain them. Of the third charge he pleaded not guilty, but the record shows 
beyond all reasonable doubt that he was a controlling member of a band of outlaws 
which intercepted a carromata containing two native women, the wife and daughter, 
respectively, of a sergeant of police of San Isidro, Luzon, made them captives and, 
subsequently, murdered them with bolos. Accused admits his presence with the 
band at the time of the capture, and also his knowledge that the women were so 
captured for the purpose of killing them, but he seeks to avoid criminal responsibil- 
ity for the murder by alleging he was not present at the actual killing. This is fully 
rebutted by the evidence, but, even if true, would constitute no defense in law. 
"Where two or more are banded together for a felonious purpose, each is equally 
guilty with the one they employ as their instrument in carrying out that purpose. 

The sentence, approved by the Department commander, is confirmed, but, in view 
of his subsequent recommendation to clemency, based upon the recommendation of 
two members of the commission, it is commuted to confinement at hard labor for 
life. As thus commuted, the sentence will be duly executed at the Presidio de 
Manila, to which ]~>lace the prisoner will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjuta nt- General. 



Headquarters Division of the Philippines, 

Manila, P. /., Juhi 25, 1901. 
General Orders, No. 193, 

Before a military commission which convened at Pozorrubio, Province of Panga- 
sinan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 220, Headquarters 
Department of Northern Luzon, December 8, 1900, and of which Capt. James B. 
Goe, Thirteenth L". S. Infantry, was president, and First Lieut. Harvey W. Miller, 
Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried: 

Silvino Galbay, Francisco Lopez, Gabino Urbano, Alejandro Bananan, and Alejo 
Menrije, natives. 

Charge I, — " Kidnaping." 

Specification. — In that they, Silvino Galbay, Francisco Lopez, Gabino L'rbano, 
Alejandro Bananan, and Alejo Menrije, natives, at Pozorrubio, Province of Pangasi- 
nan, Luzon, P. L, a place then as now under the military authority of the United 
States, on or about December 1, 1899, a time then, as now, of insurrection against 
the authority of the United States, in company of and consorting with a band of 



224 CHARGES OF CRUELTY, ETC. . TO FILIPINOS. 

men, number and names imknown, armed with bolos and one spear, did milawfully 
and forcibly seize, bind and carry away from their places of residence the following 
persons, to wit: Xicomedes Imperial. Eulalio Imperial, Gregorio Imperial, and 
Quivas (an Igorrote), natives and residents of Pozorrubio, P. I. This about the 
time and at the place aliove specified," 

Charge II. — " Murder." 

Specirication. — "In that they, Silvino Galbay. Francisco Lopez, Gabiuo L'rbano, 
Alejandro Bananan, and Alejo Menrije, natives, at Pozorrubio, Province of Pan- 
gasinan, Luzon, P. I., a place then, as now, under the military authority of the 
United States, on or about December 1. 1899, a tune then, as now, of insurrection 
against the authority of the United States, in company of and consorting with a 
band of men, number and names unknown, armed with l)olos and one spear, did 
willfully, feloniously and with malice aforethought kill and murder the following 
persons, to wit: Xicomedes Imperial. Eulalio Imperial, (Tregorio Imperial, and 
Quivas (an Igorrote K natives and residents of Pozorrubio, P, I., by inflicting wounds, 
instrument or instruments unknown, whereof the said Xicomedes Imperial, Eulalio 
Imperial, Gregorio Imperial, and Quivas, then and there, or shortly afterwards, died. 
This about the time and place above specified." 

Pleas. — '"Not guilty." 

Findings. — •"Guilty." 

Sentence. — And the commission does therefore sentence them, Sihnno Cralbay, 
Francisco Lopez, Gabino Urbano, Alejandro Bananan, and Alejo Menrije, natives, 
and each of them, "To be hung by the neck until they are dead, at such time and 
place as the reviewing authority may direct, two-thirds of the members concurring 
therem." 

In the foregoing case it appeai-s that these accused, Silvino Gall3ay, Francisco 
Lopez, Gabino Urbano. Alejandro Bananan. and Alejo Menrije, at Pozorrubio, P. I., 
December 1, 1899. seized, bound, and carried from their houses, three native Filipinos, 
Xicomedes Imperial. Eulalio Imperial, Gregorio Imperial, and an Igorrote harvester, 
Quivas. Conveying these captives to an isolated spot, they were there murdered 
with bolos, some of the accused adding to the horror of the crime by raping the 
women of the families of their victims. 

The motive seems to have been revenge on the part of accused Alejo Menrije, 
arising out of a long antecedent action of the victims in damming a stream which 
diverted water from the lands of this accused. 

The sentence, approved by the Department Commander, is confirmed and will be 
duly executed against these accused. Silvino Galbay, Francisco Lopez, Gabino I'rbano, 
Alejandro Bananan. and Alejo Menrije, at Pozorrubio, Province of Pangasinan, Luzon, 
P. I., on tne 6th day of September, A. D. 1901, under direction of the commanding 
general. Department of Northern Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assista lit A djuta at- General. 



Headquarters Division of the Philippines, 

Mo.mln, P. /., July ;^o, 1901. 

General Ordei^s. No. 195. 

Before a military commission which convened at Bautista. province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 10. Special Orders, Xo. 34, Headquarters Depart- 
ment of Northern Luzon, February 5, 1901, and of which Capt. John H. H. Peshine, 
Thirteenth U. S. Infantry, was president, and Second Lieut. Sylvester Bonnaffon, 
Thirteenth Y. S. Infantry, was judge-advocate, was arraigned and tried: Enfrasio 
de la Cruz, alias Clemente de la Cruz, native. 

Charge I. — "Kidnaping." 

Specincation 1. — "In that Enfi-asio de la Cruz, alias Clemente de la Cruz, a native, 
in company of and consorting with other natives to the numl>er of six, more or less, 
did forcibly and unlawfully seize Leandro Fernandez and Roman Martin, natives, 
did bind them with cords,' did l^eat and otherwise maltreat them, and did conduct 
them against their wills from the vicinity of the house of Eugenio Sol, a native, to 
the house of Jose Rico, a native, thence to the house of Juan de la Cruz, a native, 
and thence by banca to a place called Pindangan, where the said Fernandez was 
afterwards killed by outlaws to whom said Fernandez and ^lartin were delivered as 
prisoners by said Enfrasio de la Cruz. This at or near Camiling, province of Tarlac, 
a place under the military jurisdiction of the United States, on or about Octoljer 21, 
1900, a time of insurrection." 



CHARGES OF CEUELTY, ETC., TO FILIPINOS. 225 

Specification 2. — "In that Enfrasio de la Cruz, alias Clemente de la Cruz, a native, 
in company of and consorting with other natives to the nuin))er of fifteen (15), more 
or less, connnanded and led hy said Enfrasio de la ('ruz, he, the said De la Cruz, ])eing 
present, aiding and abetting, did unlawfully and forcibly seize one Hilario Antonio, 
a native, near the house of Ferzo Malio, a native, and did lead, carry, and conduct 
said Antonio, against his will, to the vicinity of the house of Enfrasio Manzano, a 
native, and did there detain him, the said Antonio, as a ])ris()ner for the i)eriod of 
twenty-four hours, more or less. This at or near Camiling, province of Tarlac, a 
place under the military jurisdiction of the United States, on or about November 11, 
1900, a time of insurrection." 

Charge II.— " Murder. ' ' 

Specification. — "In that p]nfrasio de la Cruz, alias Clementine de la Cruz, a native, 
in company of and consorting with Elias Bersaman, Ferniin Romero, Jose de la Cruz, 
and other natives to the number of nine (9), more or less, commanded and led })y said 
Enfrasio de la Cruz, he, the said De la Cruz, being then and there present, aiding 
and abetting, did willfully, feloniously, and with malice aforethought kill and 
murder one Hilario Antonio, a native, by stabbing him with a bolo or bolos, held 
in the hands of members of the band, inflicting wounds whereof the said Antonio 
did then and there die. This at or near Camiling, province of Tarlac, a place under 
the military jurisdiction of the United States, on or about November 12, 1900, a 
time of insurrection." 

Plea.— "Not guilty." 

Finding. — "Guilty." 

Sentence. — And the commission does therefore sentence him, Enfrasio de la Cruz, 
alias Clemente de la Cruz, native, "To be hanged by the neck until dead, at such 
time and place as the reviewing authority may direct, two-thirds of the members of 
the commission concurring therein." 

In the foregoing case it appears that the accused, Enfrasio de la Cruz, alias Clemente 
■de la Cruz, was a controlling member of a band of armed outlaws that seized, bound, 
maltreated, and carried off as prisoners two natives, Leandro Fernandez and Roman 
Martin, near Camiling, Tarlac, October 21, 1900, then delivered them to a band of 
ladrones, who killed them for their friendliness to the Americans. Again, this 
accused and his band, impelled by hke motives, on November 11, 1900, seized and 
bound one Hilario Antonio, held him prisoner for twenty-four hours and then mur- 
dered him with bolos. 

No mitigating circumstances exist calling for clemency. 

The sentence, approved by the deimrtment commander, is confirmed and wiU be 
duly executed at Camiling, province of Tarlac, Luzon, P. I., on the 6th day of 
September, A. D. 1901, under the direction of the commanding general, Department 
of Northern Luzon. 

By command of Major-(Teneral Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. I., July 27, J 901. 
General Orders, No. 197. 

Before a military commission which convened at Iloilo, Island of Panay, P. I., 
pursuant to paragraph 10, Special Orders, No. 67, Headquarters De]mrtment of the 
Visayas, March 18, 1901, and of which Lieut. Col. Charles J. Crane, Thirty-eighth 
Infantry, U. S. Volunteers, was president, and Capt. William G. Fleischhauer, Thirty- 
eighth Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried 
Eroberto (xumban, native. 

Charge. — " Murder." 

Specification 1. — " In that on or about the 8d day of June, A. D. 1900, then as now 
a time of insurrection, at or near the pueblo of Pavia, Island of Panay, P. I., a place 
then as now a part of the territory and under the military government of the United 
States, one Eroberto Gumban, a native, did feloniously and willfully, with malice 
aforethought, murder and kill one Jilario Gobuyan, a native, at the time i)residente 
of the said pueblo of Pavia, by then and there stal)bing tlie said Jilario (iobuyan 
with a sharp instrument connuonly called a dagger, held in the hands of the said 
Ph-oberto Gumban, then and there in the manner aforesaid inliicting a wound upon 
the body of the said Jilario Gobuyan from the effects of which wound so inflicted 
as afore^said, the said Jilario (Tobuvan died on or about the 4th dav of June, A. I) 
1900, at the puebbj of Jaro, Panay, 'P. I." 

S. Doc. 205, pt 2 15 



226 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Additional Charge. — "Violation of the laws of war." 

Specification 1. — "In that on or about the third day of June, 1900, then as now a 
time of insurrection, one Eroberto Gumban, a native, at that time and for some time 
prior thereto a resident of the pueblo of Pa via. Island of Panay, P. I., a place then 
as now occupied by the military forces and under the military government of the 
United States, did command and lead an irregular company of insurrecto soldiers 
for the purpose of attacking the American garrison stationed in the said pueblo of 
Pavia." 

Specification 2. — "In that on or about the 3d day of June, 1900, then as now a 
time of insurrection, one Eroberto Gumban, a native, at that time and for some 
time prior thereto a resident of the pueblo of Pavia, Island of Panay, P. I., a place 
then as now occupied by the military forces and under the military government of 
the United States, did, as captain of an irregular company, not clothed in a distinctive 
uniform, command and lead said company into the said pueblo of Pavia for the pur- 
pose of attacking the United States garrison at that place." 

Specification 3. — " In that on or about the 3d day of June, 1900, then as now a time 
of insurrection, one Eroberto Gumban, a native, at that time and for some time prior 
thereto a resident of the pueblo of Pavia, Island of Panay, P. I., a place then as now 
occupied by the military forces and under the military government of the United 
States, did assume command, as captain of an irregular company of insurgents, the 
same not being part or parcel of the organized hostile army, and not sharing con- 
tinuously in regular warfare, but who did intermittently return to their homes and 
avocations. ' ' 

Plea.— "Not guiltv." 

Finding.—' ' Guilty. ' ' 

Sentence. — "And the commission does, therefore, sentence him, Eroberto Gumban, 
native, " to be hanged by the neck till dead, at such time and place as the reviewing 
authority may direct, two-thirds of the military commission concurring in the death 
sentence. ' ' 

In the foregoing case it appears that the accused, Eroberto Gumban, was a regular 
commissioned captain of an engineer company in the insurgent arm\" that on or about 
June 3, 1900, in pursuance of orders from his superior officers, he proceeded to the 
pueblo of Pavia, Panay, P. I. , with thirty soldiers, for the purpose of attacking the 
American garrison. After disposing his command for such attack and while arrang- 
ing for the signal for a general assault the deceased, presidente of the pueblo, 
approached and asked accused his intentions. He was answered that the garrison 
was to be attacked, when he immediately protested and attempted to retire. Accused 
then informed deceased that he was a prisoner and proceeded to detain him by 
grasping him by the shoulder. Deceased then seized accused by the throat, attempted 
to take his revolver from its holster, when accused, with his left hand, drew his 
dagger and stabbed deceased in the abdomen. Deceased wrenched the dagger from 
accused and escai^ecl, but died a few days later from peritonitis, resulting from the 
wound. 

When accused and his band first reached Pavia, they put camisas chino over their 
uniforms and pieces of nipa about their guns to avoid attracting the attention of the 
American soldiers on their approach, and with the alleged intention of throwing 
them off at the moment of attack. After the struggle with the deceased, accused 
and his band withdrew. 

Although perhaps guilty of violating the letter of the laws of war in assuming the 
camisas chino and nipa covers for their guns, such does not appear to have been 
done with a felonious intent, but rather as a ru$e de guerre, having ample precedent 
in similar acts of civilized warfare. The charge of murder can not be sustained on 
the above facts. The accused was a regularly commissioned officer of the hostile army, 
engaged in a contemplated attack upon the enemy under the orders of his superior 
officers. His rank and office was well known to the deceased, and that accused was 
supported by a force of the hostile army was evident to him. The apprehension of 
deceased as a prisoner to prevent the defeat of a military movement against a garrison 
of the enemy was a legitimate act of war. The deceased resisted that arrest at his 
own risk, and, although the resistance was a brave and admirable act, and the death 
which resulted is to be deplored, a felonious killing can not be distorted from the 
facts. 

The additional charges are not sustained by the evidence, nor do their specifications 
properly charge a crime. 

The evidence shows that the accused made no raids; that he was acting under a 
regular commission and orders of his superior officers; that he shared continuously 
in the war; that he was a part and parcel of the hostile army; that he did not return 
to his home intermittently and assume peaceful avocations; that the only occasion of 



CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 227 

his visit to his home was the death of his son, and in this visit there was no felonious 
purpose or intent, and that he w^as guilty of no treachery or outlawry. The allega- 
tion that accused had the purpose of attacking the garrison without showing he carried 
that purpose into effect by overt act does not constitute an offense under the laws 
of war. 

The sentence is disapproved, and the accused, Eroberto Gumban, will be set at 
liberty. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., July 31, 1901. 
General Orders, No. 199. 

Before a military commission, which convened at Tayug, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 4, Headquarters Depart- 
ment of Northern Luzon, January 5, 1901, and of which Capt. Joseph B. Batchelor, jr.. 
Twenty-fourth U. S. Infantry, was president, and Second Lieut. John B. Sanford, 
Twenty-fourth V. S. Infantry, was judge-advocate, were arraigned and tried: 

Faustino Ruiz and Pedro Sebastian, natives. 

Charge. — " Murder. ' ' 

Specification. — "In that Faustino Ruiz and Pedro Sebastian, Filipinos, and each of 
them, in company of and consorting with outlaws to the number of three, more or 
less, did wilfully, feloniously and with malice aforethought murder and kill Basilio 
Acasta, a Filii3ino, suspected of having been instrumental in delivering up guns to 
the Americans, by striking the said Acasta with a rock held in the hand or hands of 
the said Ruiz and with sticks or talibones held in the hands of members of said party 
of outlaws, inflicting wounds therewith whereof the said Acasta then and there diecl. 
This in time, then as now, of insurrection against the L^nited States on or about the 
24th day of September, 1900, at or near San Felipe, barrio of San Nicolas, province 
of Pangasinan, P. I., a place then as now occupied by the military forces of the 
United States." 

Plea.— ''Not guilty." 

Findings. — Faustino Ruiz, "guilty;" Pedro Sebastian, "not guilty." 

Sentence. — And the commission does therefore "Acquit Pedro Sebastian;" and 
sentences Faustino Ruiz, "To be hanged by the neck until dead, at such time and 
place as the reviewing authority may direct, two-thirds of the commission concur- 
ring therein." 

In the foregoing case it conclusively appears that the accused Faustino Ruiz, with 
others not parties defendant in this case, attacked and killed with a rock, a rice- 
beater, and club, one Basilio Acasta, suspected of having been instrumental in deliv- 
ering insurgent rifles to the United States authorities. 

The evidence that accused Pedro Sebastian was present or that he participated in 
the crime is so meager and contradictory as to justify his acquittal, which is con- 
firmed. Accused Pedro Sebastian will, tlierefore, be set at liberty. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed against accused Faustino Ruiz at San Nicolas, province of Pangasinan, 
Luzon, P. I., on the thirtieth (30th) day of August, A. D., 1901, under the direction 
of the commanding general. Department of Northern Luzon. 

By command of 3Iajor-General Chaffee: 

W. P. Hall, 
Assistant A djutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, July 31, 1901. 
General Orders, No. 200, 

Before a mihtary commission which convened at Nueva Caceres, province of Cama- 
rines Sur, Luzon, P. I., pursuant to paragraph 8, Special Orders, No. 8, Headquarters 
Department of Southern Luzon, January 8, 1901, and of which Col. Almond B. Wells, 
First U. S. Cavalry, was president, and First Lieut. James A. Lynch, Fifteenth U. S. 
Infantry, was judge-advocate, were arraigned and tried Pastor Espirito, Eduardo 
Santo Domingo, and Agapito [Nlajaldat, natives. 



228 CHARGES OF CRUELTY. ETC., TO FILIPINOS. 

Charge I. — "Kidnapping in violation of the laws of war." 

Specification. — "In that they, Pastor Espirito, Eduardo Santo Domingo, and Aga- 
pito ^lajaldat, did enter the town of Tinambac, and there, by force and'against his 
will, did kidnap a native, Carlos Benosa, and did from there conduct him to an 
unoccupied house in the woods in the vicinity of said town. This at Tinambac and 
vicinity, on or a))out March 14 and 15, 1901, in time of insurrection, and at a place 
under the military government of the United States." 

Charge II. — "Murder in violation of the laws of war." 

jSpecificafion. — "In that they, Pastor Espirito, Eduardo Santo Domingo, and Aga- 
pito ]Majaldat, did willfully and with malice aforethought murder a native, Carlos 
Benosa, after having kidnaped him, by binding his arms and drowning him in San 
jNIiguel Bay. This in time of insurrection, at or near Tinambac, Camarines Sur, 
P. I., March 15, 1901, a place under the military government of the United States." 

Plea.— "Not guilty." 

Finding. — Pastor Espirito, "guilty." 

Eduardo Santo Domingo and Agapito Majaldat, of the specification, first charge, 
"guilty;" of the first charge, "guilty." Of the specification, second charge, "not 
guilty;" of the second charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Pastor Espirito, 
native, "to be confined at hard labor at such place as the reviewing authority may 
direct for the remainder of his natural life. ' ' 

And the commission does therefore sentence them, Eduardo Santo Domingo and 
Agapito Majaldat, natives, and each of them, "to be confined at hard labor at such 
place as the reviewing authority may direct for five (5) years." 

In the foregoing case it appears that Pastor Espirito, aided and assisted by his joint 
defendants, Eduardo Santo Domingo and Agapito INIajaldat, M-'as engaged in collect- 
ing contributions for the insurgents at Tinambac, Camarines Sur. Meeting one 
Carlos Benosa, suspected of being an Americanista, Pastor Espirito caused him to be 
seized, bound, and conveyed to the insurgent quarters across the river, and the fol- 
lowing day ordered these other accused to l:)ind deceased to a heavy rock and cast him 
into the sea, which order was carried out, resulting in the death of Benosa by 
drowning. 

The sentences against Majaldat and Santo Domingo have been carried into effect by 
order of the department commander. 

The sentence against Pastor Espirito, apj^roved by the department commander, is 
confirmed, and will be duly executed at the Presidio de Manila, to which place he 
will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, July 31, 1901. 
General Orders, No. 202. 

Before a military commission which convened at Manila, Luzon, P. I., pursuant 
to paragraph 1, Special Orders, No. 236, Headquarters Provost-Marshal-General (Sep- 
arate Brigade, Provost Guard), December 13, 1900, and of which Col. William S. 
IMcCaskey, Twentieth U. S. Infantry, was president, and Second Lieut. C. Stuart 
Patterson, jr.. Sixth \J. S. Artillery, was judge-advocate, was arraigned and tried 
Victor Fajardo, native. 

Charge. — ' ' Murder. ' ' 

Specification. — " In that Victor Fajardo, native, on or about August 20, 1900, then, 
as now, a time of insurrection in the city of Manila, P. I., a place then, as now, under 
the military government of the United States, Avillfully, feloniously, and with malice 
aforethought did kill and murder one Ting Say, a Chinaman, by stabbing him with 
a knife in the hands of the said Victor Fajardo, then and there had and held, inflict- 
ing thereby wounds whereof he, the said Ting Say, died on August 21, 1900. This 
at the time and place above specified." 

Plea.— "Guilty." 

FiNDiNci. — Of the specification, "guilty, excepting the words 'kill and murder,' 
substituting therefor the words ' assault with intent to kill,' and excepting the words 
'whereof he, the said Ting Say, died August 20, 1900,' of the excepted words 'not 
guilty,' and of the substituted word 'guiUy.'" On the charge, "not guilty, but 
guilty of assault with intent to kill." 

Sentence. — And the commission does therefore sentence him, Victor Fajardo, 
native, "to be confined at hard labor at such place as the reviewing authority may 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 229 

direct for twenty years." In the foregoing case it appears that this accused, Victor 
Fajardo, committed a felonious assault with a knife upon three Chinamen in a car- 
penter shop on the corner of Gandara and Lacosta streets, Manila, August 20, 1900. 
It is also shown that a Chinaman named Ting Say was received at the San Juan de 
Dios Hospital August 20, 1900, suffering from knife wounds, from the effects of which 
he died; but there is no evidence that Ting Say was one of the men assaulted by the 
accused and the judge-advocate announced in open court his inability to procure the 
evidence on this most important point. The corpus delicti of this charge has, there- 
fore, not been proven. That the accused was guilty of felonious assault upon three 
Chinamen, names unknown, is clear. 

The commission having found the accused guilty of this minor included offense, 
the sentence, approved by the convening authority, is confirmed and will be duly exe- 
cuted at the Presidio de Manila, to which place the prisoner will be sent under proper 
guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I. , August 2, 1901. 
General Orders, No. 204. 

Before a military commission which convened at Bautista, province of Pangasinan, 
Luzon, P. I., pursuant to paragraph 10, Special Orders, No. 34, Headquarters Depart- 
ment of Northern Luzon, February 5, 1901, and of which Capt. John H. H. Peshine, 
Thirteenth LT. S. Infantry, was president, and Second Lieut. Sjdvester Bonnaffon, 
Thirteenth U. S. Infantry, was judge-advocate, was arraigned and tried Felix Trinidad, 
a native. 

Charge I. — "Aiding guerrillas." 

Specification 1. — "In that Felix Trinidad, alias 'F. Smith,' a native, did unlaw- 
fully collect money, clothing, bolos, cigarettes, and other articles from the native 
residents of Camiling, and did transmit the same to one Fructuoso Sembrano, a native 
outlaw engaged in guerrilla warfare against the United States. ' ' 

"This at or near Camiling, province of Tarlac, a place under the military jurisdic- 
tion of the United States, at various and sundry times during the months of October 
and November, 1900, a time of insurrection." 

Specification 2 . — "In that Felix Trinidad, alias 'F. Smith,' a native, in compli- 
ance with orders of one Fructuoso Sembrano, a native outlaw engaged in guerrilla war- 
fare against the United States, did unlawfully obtain and forward to said Sembrano, 
various persons, residents of the town of Camiling, to the number of 20 more or 
less, which persons were compelled to become members of the band of outlaws." 

"This at or near Camiling, province of Tarlac, a place under the military jurisdic- 
tion of the United States, at various and sundry times during the months of October 
and November, 1900, a time of insurrection." 

Charge II. — "Kidnaping." 

Specification. — "In that Felix Trinidad, alias 'F. Smith,' a native, acting as an 
agent of one Fructuoso Sembrano, a native outlaw engaged in guerrilla warfare against 
the United States, did, when Ramon Martin and Leandro Fernandez, natives, who 
had been seized and bound by Clementede la Cruz (alias Enfrasio de la Cruz), Fran- 
cisco Candelario, and others were brought before him, unlawfully direct that said 
Martin and Fernandez be conducted to the encampment of the guerrillas, and did 
then and there write a letter of transmittal to said Sembrano. and transmit it by 
said Clemente de la Cruz, who, pursuant to said directions, forcibly and feloniously 
and against their will, conducted said Martin and Fernandez to a i>lace called Pin- 
dangen, where the said Fernandez was a few days later assassinated by the guerrillas. ' ' 

"This at or near Camiling, province of Tarlac, a place under the military jurisdiction 
of the United States, on or about October 21, 1900, a time of insurrection," 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Felix Trinidad, 
native, "to be confined at hard labor for a period of thirty (30) years at such place 
as the reviewing authority may direct." 

In the foregoing case it appears that this accused, Felix Trinidad, while living at 
Camiling, Tarlac, within the lines and occupation of the United States troops, aided 
and abetted an armed band of outlaws under the leadership of Fructuoso Sembrano, 
by collecting from the inhabitants and sending to him money, clothing, bolos, food, 



280 CHARGES OF CEUELTY, ETC., TO FILIPINOS. 

and cigarettes; drafting natives and forcing them to join such band of outlaws, and 
causing to be seized, bound, and conveyed to its notorious leader two prisoners, one 
of whom was subsequently murdered by said band. 

The evidence discloses this accused as a war traitor of the worst type, and morally, 
if not legally, responsible for the assassination of at least one inoffensive native. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the presidio de Manila, to which this prisoner will be sent under 
proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., August 2, 1901. 
General Orders, No. 205. 

Before a military commission which convened at Laoag, province of Ilocos Norte, 
Luzon, P. L, pursuant to paragraph 2, Special Orders, No. 98, Headquarters Depart- 
ment of Northern Luzon, April 10, 1901, and of which Maj. Alfred Reynolds, 
Twentieth U. S. Infantry, was president, and First Lieut. George H. Estes, 20th 
U. S. Infantry, was judge-advocate, were arraigned and tried Pedro Galut, Basilio 
Caoing, Antonino Layaoen, and Teovaldo Ofino, natives. 

Charge I. — "Murder, in violation of the laws of war." 

Specification. — "In that they, Pedo Galut, Basilio Caoing, Antonino Leyaoen, and 
Teovaldo Ofino, natives, and each of them, on or about March 16, 1901, then as now 
a time of insurrection, at or near Uguis, jurisdiction of Badoc, island of Luzon, 
P. I., a place then as now under the military government of the United States, in 
company of and consorting with a band of guerrillas, names and numbers unknown, 
armed Avith deadly weapons, to wit, bolos and spears, did willfully, feloniously, and 
with malice aforethought, kill and murder Sanay Sagas, Andres Redondo, Guimba, 
and a boy, name unknown, and each of them, all natives and residents of Uguis, by 
stabbing and cutting them with bolos and spears held in the hands of members of 
said band, inflicting various mortal wounds upon the bodies of said Sanay Sagas, 
Andres Redondo, Guimba, and boy, name unknown, whereof the said Sanay Sagas, 
Andres Redondo, Guimba, and boy, name unknown, and each of them, then and 
there died, the said Pedro Galut, Basilio Caoing, Antonino Layaoen, and Teovaldo 
Ofino, and each of them, being then and there present, aiding, and abetting, and 
cooperating with the said band. This at the time and place above specified." 

Charge II. — "Arson." 

Specification. — In that they, Pedro Galut, Basilio Caoing, Antonino Layaoen, and 
Teovaldo Ofino, natives, and each of them, did, on or about March 16, 1901, then as 
now a time of insurrection, in the toNA'ii of Uguis, jurisdiction of Badoc, island of 
Luzon, P. I., a place then as now under the military government of the United 
States, in company of and consorting with a band of armed guerrillas, names and 
number unknown, feloniously and maliciously set fire to and burn twenty-five dwell- 
ing houses, more or less, and ten granaries, more or less, the property of and occupied 
by natives of Uguis. This at the time and place above specified." 

Pleas.—" Not guilty. ' ' 

Findings. — Of the specification, first charge, "guilty, excepting the words, 
'Andres Redondo, Guimba, and a boy, name unknown,' where such words occur, 
substituting in each case ' Eding,' of the excepted words not guilty, and of the sub- 
stituted words guilty;" of the first charge, "guilty;" of the specification, second 
charge, "guilty;" of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Basilio Caoing, 
Antonino Layaoen, and Teovaldo Ofino, natives, and each of them, "To be hung by 
the neck until dead, at such time and place as the reviewing authority may direct, 
two-thirds of the members of the commission concurring therein." 

And the commission does therefore sentence him, Pedro Galut, native, "To be 
confined at hard labor, at such place as the reviewing authority may direct, for the 
period of ten (10) years." 

In the foregoing case it appears that these accused, Pedro Galut, Basilio Caoing, 
Antonino Layaoen, and Teovaldo Ofino were members of a band of armed outlaws 
that attacked and burned the town of Uguis, jurisdiction of Badoc, Luzon, P. L, 
about March 16, 1901, and killed three peaceful natives with spears and bolos. These 



CHARGES OF CEUELTY, ETC., TO FILIPINOS. 231 

accused and each of them are shown to have been active participants in killing the 
victims and in hurning: the buildings. 

The sentence, approved by the department commander, is confirmed, l)ut, in 
accordance with his recommendation, is commuted in the cases of Basilio Caoing, 
Antonino Layaoen, and Teovaldo Ofino to imprisonment at hard labor for the period 
of their natural lives. The Presidio de Manila is designated as the place of execu- 
tion of the sentences of all these accused, to which they will be sent under proper 
guard. 

Bv connnand of Major-General Chaffee: 

\V. P. Hall, 

Assistant Attorne II- General. 



Headquarters Division of the Philippines, 

Manila, P. 1., August 6, 1901. 

General Orders, Xo. 208. 

Before a military commission which convened at Tarlac, province of Tarlac, Luzon, 
P. I., pursuant to paragraph 7, Special Orders, Xo. 79. Headquarters Department of 
Xorthern Luzon, March 22, 1901, and of which Capt. Robert K. Evans, Twelfth L'. S. 
Infantry, was president, and First Lieut. Earle Edmundson, Thirty-third Infantry, 
Y. S. Volunteers, was judge-advocate, were arraigned and tried Egino Gamurot, 
N'icente Encarnacion, Cavetano Antonio, and Vicente Gabuni, natives. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Egino Gamurot, Vicente Encarnacion, Cayetano Antonio, 
and Vicente Gabuni, all natives of the Philip]nne Islands, and each of them on or 
about July 12, 1900, then as now a time of insurrection, in the pueblo of Victoria, 
province of Tarlac, Luzon, P. I., a place, then as now, in the theater of active mili- 
tary operations, did forcibly take from their homes two peaceful native citizens 
Simplicio Daniel and Angelino Daniel, and having conducted them to a retired spot, 
outside the limits of the aforesaid pueblo, did willfully, feloniously, and with malice 
aforethought kill and murder the said Simplicio Daniel and Angelino Daniel, by 
stabbing them with a bolo held in the hands of Egino Gamurot, inflicting wounds 
therewith, whereof they, the said Simplicio Daniel and Angelino Daniel, then and 
there died." 

"This at about 8 o'clock p. m., on or about the date and at the place above 
specified." 

Pleas. — Egino Gamurot, "guilty;" Vicente Encarnacion, Cayetano Antonio, and 
Vicente Gabuni, "not guilty." 

Findings. — Egino Gamurot, "guilty;" Vicente Encarnacion, Cayetano Antonio, 
and Viacente Gabuni, "not guilty." 

Sentence. — And the commission does therefore acquit the said Vicente Encarna- 
cion, Cayetano Antonio, and Vicente Gabuni, natives, and does sentence the said 
Egino (xamurot, native, "to be hanged by the neck until dead, at such time and 
place as the reviewing authority may direct, two-thirds of the commission concurring 
in this sentence." 

In the foregoing case it appears of record that Egino Gamurot, one of the accused, 
was a corporal of police at Victoria, Tarlac, and by virtue of his authority over the 
other accused, Vicente Encarnacion, Cayetano Antonio, and Vicente Gabuni, who 
were also policemen, ordered them to assist him in arresting two natives, Simplicio 
and Angelino Daniel, which being accomplished they took their captives to the fields 
where the accused (Tanuirot, without further assistance from the other accused, con- 
ducted the deceased to a still greater distance and when beyond observation killed 
them with a bolo. The motive for this murder is found in the accusation that the 
deceased had given information to the Americans regarding the location of an insur- 
gent camp. 

The connnission having found Vicente Encarnacion, Cayetano Antonio, and Vicente 
Gabuni not guilty, they will be set at liberty. 

The sentence against Egino Ganuirot, approved by the department commander is 
confirmed, and will be duly executed at Victoria, province of Tarlac, Luzon, P. I., on 
the 13th day of Septem])er, A. D. 1901, under the direction of the connnanding 
general, Department of Northern Luzon. 

Bv command of ]Major-General Chaffee: 

W. P. Hall, 
AssiMant Adjutant- (rcneral. 



232 CHARC4ES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, F. I., August 6, 1901. 
General Order;?, No, 209. 

Before a military commission which convened at Capas, province of Tarlac, Luzon, 
P. L, pursuant to paragraph 7, Special Orders, No. 79, Headquarters Department of 
Northern Luzon, March 22, 1901, and of which Maj. Robert K. Evans, Thirtieth 
17. S. Infantry, was president, and First Lieut. Earle Edmundson, Thirty-third 
Infantry, U. S. Yoiunteers, was judge-advocate, was arraigned and tried Jose 
Atienza, native. 

Charge I. — " Murder. ' ' 

Specification. — "In that he. Jose Atienza, on or about the 31st day of October, 1900, 
a time, then as now, of insurrection against the lawful authoritj' of the United States, 
at or near the sitio of Sampolac, barrio of Cutcut, pueblo of Capas, province of Tarlac, 
Luzon, P. I., a place then, as now, under the military occupation and Government 
of the United States, in company of and consorting with a band of armed outlaws to- 
the number of fifteen (15), more or less, did wilfully, feloniously, and with malice 
aforethought, kill and murder one Manuel Dantes, native, by shooting the said 
Manuel Dantes in the head with a revolver held in the hands of the said Jose 
Atienza, thereby inliicting a wound whereof the said Manuel Dantes then and there 
died. This at the time and place above specified." 

Charge II. — ' ' Kidnapping. ' ' 

Specification 1. — "In that he, Jose Atienza, native, on or about October 25, 1900, a 
time, then as now, of insurrection against the lawful authority of the United States, 
at or near the plaza in the pueblo of Capas, province of Tarlac, Luzon, P. I., a place 
then, as now, under the military occupation and Government of the L'nited States, 
in company of and consorting with a band of armed outlaws to the number of ten 
(10), more or less, did feloniously and forcibly seize and carry away, against his will, 
one Cirilio Lombay, native, by binding his arms Avith ropes and forcibly proceeding 
with him through the barrio Cutcut southwest toward the sitio Sampolac, from 
which time and place the said Cirilio Lombay has never returned or been heard from 
since. This at the time and place above specified." 

Specification 2. — "In that he, Jose Atienza, native, on or about October 31, 1900, a 
time, then as now, of insurrection against the lawful authority of the L^nited States, 
at or near the plaza in the pueblo of Capas, province of Tarlac, Luzon, P. I., a place 
then, as now, under the military occupation and Government of the United States, 
in compau}' of and consorting with a band of "armed outlaws to the number of ten 
(10), more or less, did feloniously and forcibly seize and carry away, against his will, 
one Manuel Dantes, native, by binding his arms with ropes and forcibly proceeding 
with him through the barrio Cutcut southwest toward the sitio Sampolac, from 
Avhich time and place the said ]Manuel Dantes has never returned or been heard from 
since. This at the time and place above specified." 

Charge III. — " Being a guerrilla. " 

Specification. — In that he, Jose Atienza, native, not being a member of any recog- 
nized military organization, but acting independently of the same, did, in combina- 
tion with sundry other persons similarly acting, armed with guns, revolvers, and 
bolos, engage in a guerrilla Avarfare, and in prosecution of such AAarfare did rob and 
terrorize the peaceful inhabitants of the pueblo of Capas and its barrios. This 
between October 1, 1900, and February 1, 1901, in the pueblo and barrios of Capas, 
province of Tarlac, Luzon, P. I." 

Plea, — To the specification, first charge, "guilty, excepting the AA'ords 'Avilfully, 
feloniously, and Avith malice aforethought,' and the Avord 'murder' to the excepted 
AA'ords 'not guilty;'" to the first charge, "not guilty;" to the first specification, 
second charge, "not guilty;" to the second specification, second charge, "not 
guilty;" to the second charge, "not guilty;" to the specification, third charge, "not 
guilty;" to the third charge, "not guilty," 

Findings. — Of the specification, first charge "guilty." Of the first charge, 
"guilty." Of the first specification, second charge, "not guilty." Of the second 
specification, second charge, "guilty." Of the second charge, "guilty." Of the 
specification, third charge, "guilty, except the Avords, 'and in prosecution of such 
warfare did rob and terrorize the peaceful inhabitants of the pueblo of Capas and 
its barrios,' and of the excejjted Avords, not guilty." Of the tnird charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Jose Atienza, natiA'e, 
"To be hanged by the neck until dead, at such time and place as the rcAieAving 
authority may direct, tAvo-thirds of the commission concurring in these findings and 
this sentence." 

In the foregoing case it appears that the defendant, Jose Antienza, Avas associated 
Avith an armed band of outlaAVS, not a part of any recognized military organization. 



CHARGES OF CRUELTY, ETC., TO FILIPIlSrOS. 233 

and that he, with others, at Capas, Tarlac, October 31, 1900, seized, bound, and con- 
veyed to a newly prepared grave, one Manuel Dantes, suspected of friendliness to the 
Americans. Here the accused personally shot Dantes through the head from behind 
while the latter was bound and helpless.' The accused admits the killing as alleged, 
but seeks to avoid responsibility for his act by the plea, persistently relied upon in 
like cases, that he was acting under the orders of a superior officer. In this instance 
such superior officer was not present and exercised no power of duress over the 
accused, and he admitted that he had never known his superior officer to kill anyone 
who avoided the execution of an order such as he had willingly obeyed. But if the 
facts were otherwise, and the accused in fact did murder deceased through a cowardly 
fear of remote danger to his own life, not only was he guilty of murder, but the 
officer who gave the order and all who assisted in the act of assassinating a law-abid- 
ing man are principals in law and subject to its severest penalties. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Capas, Tarlac Province, Luzon, P. I., on the 13th 
day of September A. D. 1901, under the direction of the commanding general. 
Department of Xorthern Luzon. 

Bv command of Major-General Chaffee: 

AV. P. Hall, 
Asmtant Adjutant-General. 



Headquaeters Division of the Philippines, 

Manihi, P. I.. August 13, 1901. 
General Orders, Xo. 216. 

Before a mihtary commission which convened at Bautista, Province of Pangasinan, 
pursuant to paragraph 10, Special Orders, Xo. 34, Headquarters Department of 
Northern Luzon, j'ebruary 5, 1901, and of which Capt. John H. H. Peshine, Thir- 
teenth L". S. Infantry, was president, and Second Lieutenant Sylvester Bonnaffon, 
Thirteenth U. S. Infantry, was judge-advocate, were arraigned and tried: Manuel 
Cadulasan, Dionisio Bustillos, Esteban Caramillo, Esteban Lopez, Tiburcio Bagnio, 
Pascual Francisco, Gregorio Caramillo, Cipriano Arellano. Filomeno Areola, Castor 
Castro, 3Iiguel Mulatao, Xicolas Laureta and Antonio Barcena, natives. 

Charge. — • ' Kidnapping. ' ' 

Specification. — '"In that Manuel Cadulasan, Dionisio Bustillos, Esteban Caramillo, 
Estoban Lopez, Tiburcio Bagnio, Pascual Francisco, Gregorio Caromillo, Cipriano 
Arellano, Filomeno Areola, Castor Castro, Miguel Mulatao, Xicolas Laureta and 
Antonio Barcena, natives, and each of them, being members of a band of natives 
armed with talibones, on or about January -t, 1900, a time, then as now, of insurrec- 
tion against the lawful authority of the United States, in territory, then as now, 
occupied by United States troops, did, unlawfully, feloniously, and forcibly seize, 
bind and take from his house and conduct away from said house, against his will, 
Martin Ganancial, a native. 

"This at or near the sitio of Palaciuipac, town of Rosales, P. I., on or about the 
date specified." 

Charge II.— "Arson." 

Specification. — "In that Esteban Lopez, Manuel Cadulasan, Tiburcio Bagnio, Dion- 
isio Bustillos, Pascual Francisco, Esteban Caramillo, Gregorio Caramillo. Cipriano 
Arellano, Filomeno Areola, Castor Castro, ^Miguel Mulatao, Xicolas Laureta and 
Antonio Barceda, natives, and each of them, being member of a band of natives, 
armed with tilibones, on or about January 4, 1900, a time, then, as now, of insurrec- 
tion against the lawful authority of the United States, in territory then, as now, occu- 
pied by United States troops, did willfully, maliciously, and feloniously set fire to 
and burn the dwelling house of one Martin Ganancial, a native, thereby destroying 
said dwelling house and compelling the exit therefrom of said Martin Gadancial, 
native. 

"This at or near the sitio of Palaquipac, town of Rosales, P. I., on or about the 
date above specified." 

Charge III.— "Murder." 

Specification. — "In that Esteban Lopez, Manuel Cadulasan, Tiburcio Bagnio, Dion- 
isio Bustillos, Pascual Francisco, Esteban Caramillo, Gregorio Caramillo, Cipriano 
Arellano, Filomeno Areola, Castor Castro, Miguel ^Mulatao, Nicolas Loreta and 
Antonio Barcena, natives, and each of them, being membei's of a band of natives, 
armed Avith talibones, on or about January 4, 1900. a time then, as now, of insurrec- 
tion against the lawful authority of the United States, in territory then, as now, 
occupied by United States troops, did, willfully, feloniously, and with malice afore- 



234 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

thought, kill and nnirder Martin Ganancial, a native, with bolos held in the hands 
of members of the said band, names nnknown, inflicting wounds therewith, whereof 
the said ^Martin Ganancial, a native, then and there died. This at or near the sitio 
of Rabago, town of Kosales, P. I., on or about the date specified." 

Pleas.— "Not ouiltv." 

Findings.— "Guihy." 

Sentence. — And the commission does therefore sentence them as follows: "The 
said Dionisio Bustillos, Castor Castro, ^liguel Mulatao, and Nicolas Laureta, and 
each of them, "To be hanged by the neck until they and each of them are dead, at 
such time and place as the reviewing authority may direct, two-thirds of the mem- 
bers of the commission concurring therein; and the said Manuel Cadulasan, Esteban 
Lopez, Tiburcio Bagnio, Pascual Francisco, Gregorio Caramillo, Cipriano Arellano, 
Filomeno Ai-eola and Antonio Barcena, and each of them, to be confined at hard 
labor at such place as the reviewing authority may direct, for the period of thirty 
(30) years." 

In the foregoing case, it appears that these accused, INIanuel Cadulasan, Dionisio 
Bustillos, Esteban Caramillo, Esteban Lopez, Tiburcio Bagnio, Pascual Francisco, 
Gregorio Caramillo, Cipriano Arellano, Filomeno Areola, Castor Castro, Miguel 
Mulatao, Nicolas Laureta, and Antonio Barcena, led by Manuel Cadulasan, about 
January 4, 1900, in the nighttime, surrounded the house of one Martin Ganancial, 
at Rosales, P. I., called him forth and u])on his failing to comply, fired the house. 
"While escaping from the flames, Ganancial was seized, bound, and conveyed to an 
isolated spot, by these accused, and there murdered with bolos. 

No reasonable doubt as to the participation of all of these accused in the crimes 
alleged arises from the evidence, and many of them admit their presence and con- 
nection with the band perpetrating the crimes. 

The sentence, approved by the department commander, is confirmed, but, in 
accordance with his recommendation, is connnuted in the cases of Dionisio Bustillos, 
Castor Castro, INIiguel IMulatao, and Nicolas Laureta, and each of them, to imprison- 
ment at hard labor for the period of their natural lives; and in the cases of Manuel 
Cadulasan, Esteban Caramillo, Esteban Lopez, Tiburcio Bagnio, Pascual Francisco, 
Gregorio Caramillo, Cipriano Arellano, Filomeno Areola, and x\ntonio Barcena, and 
each of them, is mitigated to imprisonment at hard labor for the term of fifteen (15) 
years. As thus commuted and mitigated, the sentences will be duly executed at 
the Presidio de ^Manila, to whicli place the prisoners will be sent under proper guard. 

Bv connnand of ^Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquarters Division of the Philippines. 

Manila, P. /., August 17, 1901. 
peneral Orders, No. 221. 

Before a military commission which convened at San Fernando de la L^'nion, Luzon, 
P. I., pursuant to paragraph 2, Special Orders, No. 158, Headquarters Department of 
Northern Luzon, October 3, 1900, and of which Lieut. Col. Samuel INI. Swigert, 
13th L^. S. Cavalry, was president, and Maj. Charles F. Kieffer, surgeon, 48th Infan- 
try, U. S.Y.,was judge-advocate, was arraigned and tried: 

I. — Natalio Valencia, native. 

CharctE 1. — "Murder, in violation of laws of war." 

Specification 1. — "In this, that he, Natalio Valencia, first lieutenant of insurrectos, 
and in charge of Guerrilla No. 5, Ilocos Sur, did direct Lorenzo Andaya, one of his 
soldiers, to murder Pedro Carino, a peaceful inhabitant of Amarao, San Jose, which 
illegal order was obeyed, and the said Pedro Carino nmrdered with a bar of iron 
held in the hands of the said Lorenzo Andaya." " This at or near the rancheria 
Quintabungao, San Jose, Ilocos Sur, Luzon, P. I., a place in territory occupied by 
United States forces, on or about January, 1901." 

Specification 2. — " In this, that he, Natalio Valencia, first lieutenant of insurrectos, 
and in charge of Guerrilla No. 5, Ilocos Sur, was present as an officer and shared 
responsilnlity of an illegal order given to one Lorenzo Andaya, to murder one 
Gregorio Paredes, a peaceful inha})itant of Santa Cruz, Ilocos Sur, which was done 
with an iron bar held in the hands of the said Lorenzo Andaya, a native of Tagudin," 
" This at or near rancheria of ^Mapolina, San Jose, Ilocos Sur, Luzon, P. I., a place in 
territory occupied by United States forces, on or about March, 1901." 

Charc4E II. — "Barbarism, in violation of the laws of war." Specification. — "In 
this, that he, Natalio Valencia, first lieutenant of insurrectos, and in charge of Guer- 



CHAKGES OF CEUELTY, ETC., TO FILIPINOS. 235 

rilla Xo. 5, Ilocos Sur, did, after having one Pedro Carino, a peaceful inhabitant of 
San Jose, Ilocos Sur, murdered, order and direct his soldiers to dip their hands in 
and taste the blood of the said Pedro Carino." "This at or near rancheria of 
Quintabungao, Ilocos Sur, Luzon, P. I., a place in territory occupied by United 
States forces, on or about January, 1901." 

Plea.— "Not guilty." 

Finding. — Of the iirst specification, first charge. — " Guilty, except the word ' iron,' 
substituting the Avord 'wood;' of the excepted word, not guilty; of the substituted 
word guilty." Of the second specification, first charge. — " Guilty, except the Avords, 
*an iron,' substituting the words, 'a wooden;' of the excepted words, not guilty; of 
the substituted words, guilty." Of the first charge, "guilty." Of the specification, 
second charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Xatalio Valencia, 
first lieutenant of insurrectos, " To be hanged by his neck until dead, at such time 
and place as the reviewing authority may direct, two-thirds of the commission con- 
curring therein." 

In the foregoing case it appears that this accused, Xatalio Valencia, was the leader 
of Guerrilla Xo. 5, Ilocos Sur, and as such, at San Jose, in January, 1901, ordered 
one of his soldiers to murder a peaceful native accused of being a spy for the Amer- 
icans, which order was then and there executed, the victim being struck on the back 
of the head with a billet of wood. In like manner, one Gregorio Paredes was mur- 
dered in the presence of and under the direction of accused, at Mapoiina, San Jose, 
in March, 1901; and Pedro Carino, at Quintabungao, in January, 1901. This last 
victim, having been struck at the base of the skull, bled freely from the ears and 
nose, whereupon the accused lined up his soldiers and compelled them, at the point 
of his revolver, to drink or taste of this blood. 

One guilty of such savage ferocity reveals himself as an enemy of mankind and 
forfeits all claim to mercy. 

The sentence, approved by the deimrtment commander, is confirmed, and will be 
duly executed at Bangar, Province of Union, Luzon, P. I., on the thirteenth (13th) 
day of September, A. D. 1901, under the direction of the commanding general. 
Department of Xorthern Luzon. 

II. — Hilario Quesada, native. 

Charge I. — "Murdering prisoners, in violation of the laws of war." 

Specification 1. — "In this, that he, Hilario Quesada, native, lieutenant of insur- 
rectos, and in command of an escort, which escort had in its keeping an American 
prisoner, presumed to be Private James H. Husketh, Company H, 29th Infantry, 
U. S. v., did order the said escort to murder the said American prisoner, which was 
done in the immediate presence and under the personal supervision of the said 
Hilario Quesada, lieutenant of insurrectos, with bayonets held in the hands of the 
members of the said escort and with a gun held in the hands of Corporal Luis Lopez, 
of the said escort. This in the month of March, 1900, a time of insurrection and 
near the rancheria of Sabed, Union, Luzon, P. I., territory in the theatre of military 
operations. ' ' 

Specijication 2. — "In this, that he, Hilario Quesada, native, lieutenant of insur- 
rectos, being in command of an escort of a calx) and four insurrecto soldiers, and 
having under his protection an American prisoner, one Sullivan, a nonc()nd)atant, 
did order the said escort to murder the said noncombatant American prisoner, Sul- 
livan, which was done in his, Quesada's innnediate presence, and under his personal 
supervision, by bayonets held in the hands of the members of the said escort." 
"This about the month of ^Nlarch, 1900, a time of insurrection, and at or near the 
rancheria of Sabed, Union Province, Luzon, P. L, a i)lace in the theatre of military 
oi)erations. 

Chak(;e II. — "Breaking oath of amnesty, in violation of the laws of war." Speci- 
fication. — "In this, that' he, Hilario Quesada, lieutenant of insurrectos, being a 
prisoner of the American forces and sent to ^lanila, where he was lil^erated, aifter 
taking the prescribed oath of amnesty, did violate the said oath and again engage in 
iusurrection against the I'nited States, until he was ca})tured in an engagement with 
the United States forces at or near the rancheria of Barincucurong, Tagudin, Ilocos 
Sur, on or about IMarch 8, 1901." 

"This at the time and place above mentioned." 

Plea.— "Xot guilt V." 

Finding.— "Guilty." 

Sentence. — And the connnission does therefore sentence him, Hilario Quesada, 
native, "To l)e hanged by the neck until dead, at such time and i>lace as the review- 
ing authority may direct, two-thirds (jf the commi.ssion concurring therein." 

In the foregoing case it appears that this accused, Hilario (Quesada, was a lieuten- 



236 CHARGES OF CEUELTY, ETC., TO FILIPINOS. 

ant of insurgents and in command of an escort having in charge two American 
prisoners, one Private James H. Husketh, Company H, 29th Infantry, U. S. Volun- 
teers, and the other, George B. SuUivan, a civihan merchant and noncombatant. 

At or near the rancheria of Sabed, Union, Luzon, during the month of March, 
1900, this accused ordered a squad of his command to kill these prisoners with bayo- 
nets at a preconcerted signal. His escort was so disposed in marching as to favor 
this purpose, and on reaching an isolated part of the road a corporal stepped in front 
of the victims, took of his hat, which was the signal agreed upon, whereupon the 
soldiers behind, with fixed bayonets, sprang forward and ran them through from 
the back. Private Husketh, not dying immediately, was shot with a rifie by order 
of and in presence of the accused. 

These cold-ljlooded murders were alike in violation of the laws of war and of peace, 
and no circumstance in mitigation appears of record. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Bangar, Province of Union, Luzon, P. I., on the thirteenth (13th) 
day of September, A. D., 1901, under the direction of the commanding general, 
department of Northern Luzon. 

III. — Patricio Zaydin, native. 

Charge. — "Murder, in violation of the laws of war." 

Specification 1. — "In this, that he, Patricio Zaydin, a leader of a band of guer- 
rillas operating in the southern part of Ilocos Sur, ha^'ing captured one 'Tad-Ing,' a 
peaceful inhabitant of Sigay, District of Amburayan, did order the said 'Tad-Ing' to 
be killed, which was done with a bolo held in the hands of one Esteban Fabro, 
acting under the direct orders of the said Patricio Zaydin." "This at or near the 
rancheria of Sigay, District of Amburayan, in territory occupied by United States 
forces, on or about January, 1901, in time of insurrection." 

Specifications. — "In this, that he, Patricio Zaydin, a leader of a band of armed 
guerrillas, operating in southern Ilocos Sur, after having captured a peaceful native of 
Salcedo, Teodorico Gusman, did direct the murder of the said Teodorico Gusman, 
which was done with bolos or other sharp instruments held in the hands of the said 
Patricio Zaydin and one Esteban Fabro, a member of the said band of guerillas." 

"This at or near the rancheria of Sigay, district of Amburayan, in territory occu- 
pied bv the United States forces, on or about Januarv, 1901, a time of insurrection." 

Plea.— "Not guihy." 

Finding. — Of the first specification, "guilty." Of the second specification, 
"guilty, except the words, 'with bolos or other sharp instruments held in the 
hands of the said Patricio Zaydin, and one,' substituting the words, 'with a bolo 
held in the hands of,' of the excepted words, not guilty, of the substituted words, 
guilty. ' ' Of the charge, ' ' guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Patricio Zaydin, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case it appears that the accused, Patricio Zaydin, was a leader of 
a band of guerrillas operating in the southern district of Ilocos Sur, and as such 
seized, bound, and caused to be boloed to death an Ygorrote, "Tad-Ing," of Sigay, 
district of Amburayan, and a native of Salcedo, Teodorico Gusman, on the suspicion 
that they were spies of the Americans. 

No mitigating circumstances suggests modification of the sentence. The crimes 
were wantonly committed and the material elements to sustain the charge are admit- 
ted by the accused. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at Bangar, province of Union, Luzon, P. I., on the thirteenth (13th) 
day of September, A. D. 1901, under the direction of the commanding general, 
Department of Northern Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
A ssistant A cljutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 17, 1901. 
General Orders, No. 222. 

Before a military commission which convened at Palanoc, island of Masbate, P. I., 
pursuant to paragraph 5, Special Orders, No. 11, Headquarters Department of South- 
ern Luzon, January 11, 1901, and of which Capt. Abner Pickering, Second L'nited 
States Infantry, was president, and Capt. Peter E. Marquart, Second United States 
Infantry, was judge-advocate, w^as arraigned and tried Pasquinto de Leon, native. 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 287 

Charge I. — "Murder." Specification. — "In that he, Pasquinto de Leon, being 
■employed as a scout by the commanding officer of the United States forces on the 
island of Masbate, P. I., did in time, then as now, of insurrection, proceed to the 
island of Magcaraguit and willfully, feloniously, and with malice aforethought 
murder and kill Jose Adorno, a native, by shooting the said Jose Adorno, inflicting 
wounds whereof the said Jose Adorno then and there died. This at the place above 
specified about December 15, 1900." 

Charge II. — "Relieving the enemy, in violation of the laws of war." Specifica- 
tion. — "In that he, Pasquinto de Leon, being employed as a scout by the command- 
ing officer of United States forces on island of Masbate, P. I., did, during December, 
1900, or January, 1901, in time, then as now, of insurrection, at or near Uson, island 
of Masbate, P. I., a place then as now in territory occupied by the L^nited States 
troops, send to the enemy about three hundred (300) rounds of ball cartridges, 
caliber .30, for United States magazine rifle. This at the time and place above 
specified." 

Charge III. — "Communicating with enemy, in violation of the laws of war." 
Specification. — "In that he, Pasquinto de Leon, being emploj^ed as a scout by the 
commanding officer of LTnited States troops on island of Masbate, P. L, did, during 
December, 1900, and January and February, 1901, at a time, then as now, of insur- 
rection, give the enemy valuable information by having letters written to the leaders 
of the ladrones or insurgents. This at or near Uson, P. I., at time above specified." 

Plea. — To the specification, first charge, "not guilty." To the first charge, '^not 
guilty." To the specification, second charge, "guilty." To the second charge, 
"guiltv." To the specification, third charge, "guilty." To the third charge, 
''guilty." 

Finding. — Of the specification, first charge, "guilty." Of the first charge, 
"guilty." Of the specification, second charge, "guilty, except the words and figures 
'three hundred (300),' substituting therefor the words and figures 'thirteen (13),' and 
except the words and figures 'caliber .30 for United States magazine rifle,' substituting 
therefor the words 'for Mauser rifle,' of the excepted words and figures not guilty, 
and of the substituted words and figures guilty." Of the second charge, "guilty." 
Of the specification, third charge, "guilty." Of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Pasquinto de Leon, 
native, " to be hung by the neck until dead, at such time and place as the reviewing 
authoirty may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case it appears that the accused, Pasquinto de Leon, while acting 
as a scout in the employ of the United States forces, shot and killed a native, Jose 
Adorno, no justification for his action appearing of record. 

It is also shown that accused aided and abetted the public enemy by sending its 
leaders a Mauser rifle and thirteen rounds of ammunition and letters containing 
valuable information as to the condition and movements of the American forces. 

The sentence, approved by the department commander, is confirmed, and will 
be duly executed at INIasbate, island of Masbate, on the 27th day of September, 
A. D. 1901, under the direction of the commanding general, Department of Southern 
Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., August 17, 1901. 
General Orders, No. 223. ^ 

Before a military commission which convened at the city of JNIanila, Luzon, P. I., 
pursuant to paragraph 4, Special Orders, No. 23, Headquarters Provost-Marshal- 
General (Separate Brigade, Provost Guard), January 30, 1901, and of which Maj. 
William H. Bishop, 36th Infantry, U. S. Volunteers, was president, and Capt. 
Warren H. Ickis, 36th Infantry, V. S. Volunteers, was judge-advocate, was arraigned 
and tried Nicolas Herrero, native. 

Charge. — "Murder." 

Specification. — "In that he, Nicolas Herrero, a native, on or about August 4, 1900, 
then, as now, a time of insurrection, at Manila, Luzon, P. I., a place then as now 
under the military government of the United States, did, willfully, feloniously, and 
with malice aforethought, kill and murder one Carlos G. de I^ara, a native and ex- 
policeman captain, by shooting him, the said Lara, with a revolver, inflicting wounds 



238 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

therewith whereof he, the said Lara, died on or about the 5th day of August, 1900. 
This at the time and place above specified." 

Plea.— ''Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Nicolas Herrero, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Nicolas Herrero, native, the evidence shows beyond a 
reasonable doubt that the accused is guilty in the manner and form as charged, and 
it is believed that the ends of justice call for the execution of the sentence, which is 
confirmed. However, in accordance with the recommendation of the convening 
authority, the sentence is commuted to imprisonment at hard labor for the period of 
ten years. As thus comnmted the sentence will be duly executed at the Presidio 
de Manila, to which place the prisoner w^ill be sent under proper guard. 

By command of Major-General Chaffee: 

^Y. P. Hall, 
Assistant Adjutant- GeneraL 



Headquartees Division of the Philippines, 

Manila, P. J,, August 19, 1901. 
General Orders, No. 224. 

Before a military commission which convened at Capas, province of Tarlac, Luzon, 
P. L, pursuant to paragraph 7, Special Orders, No. 79, Headquarters Department of 
Northern Luzon, March 22, 1901, and of which Maj. Robert K. Evans, 30th U. S. 
Infantry, was president, and First Lieut. Earle Edmundson, 33d Infantry, U. S. 
Volunteers, w^as judge-advocate, was arraigned and tried Felix Atienza, native. 

Charge I. — "Murder." 

Specification 1. — "In that he, Felix Atienza, native, on or about October 25, 1900, 
a time then as now of insurrection aga-inst the lawful authority of the United States, 
at or near the sitio of Sampaloc, barrio of Cutcut, pueblo of Capas, province of Tar- 
lac, Luzon, P. I., a place then as now under the military occupation and govern- 
ment of the United States, in company of and consorting with a band of armed 
outlaws to the number of ten (10), more or less, did, willfully, feloniously, and with 
malice aforethought, as a leader of said band of outlaws, order the killing and mur- 
dering of one Cirilio Lombay, native, and did cause him to be cut and slashed, by 
ordering Antonio Bautista and Valeriano Pangilenan, members of said band of out- 
laws, to cut and slash him, the said Cirilio Lombay, with bolos, held in the hands 
of said Antonio Bautista and Valeriano Pangilenan, and wherewith wounds were 
inflicted, by reason of which wounds he, the said Cirilio Lombay, then and there 
died. This at the time and place above specified." 

Specifications. — "In that he, Felix Atienza, native, during the month of Novem- 
ber, 1900, date unknown, a time then as now of insurrection against the lawful 
authority of the United States, at or near the sitio of Sampaloc, barrio of Cutcut, 
pueblo of Capas, province of Tarlac, Luzon, P. I. , a place then as now under the 
military occupation and government of the United States, in company of and con- 
sorting with a band of armed outlaws, to the number of twenty (20), more or less, 
did, willfully, feloniously, and with malice aforethought, as a leader of said band of 
armed outlaws, order the killing and murdering of Eusebio Ramos and Clesento 
Ramos, natives, by causing them, the said Eusebio Ramos and Clesento Ramos, to 
be cut and slashed, by ordering and forcing two (2) Igorrotes, names unknown, to cut 
and slash them, the said Eusebio Ramos and Clesento Ramos, with bolos, held in 
the hands of said two Igorrotes, and wherewith divers cuts and wounds were 
inflicted whereof they, the said Eusebio Ramos and Clesento Ramos, then and there 
died. This at the time and place above specified." 

Specifications. — "In that he, Felix Atienza, native, on or about the 31st day of 
October, 1900, a time then as now of insurrection against the lawful authority of the 
United States, at or near the sitio of Sampaloc, barrio of Cutcut, pueblo of Capas, 
province of Tarlac, Luzon, P. L, a place then as now under the military occupation 
and government of the United States, in company of and consorting with a band of 
armed outlaws to the number of fifteen (15), more or less, did, willfully, feloniously, 
and with malice aforethought, as a leader of said band of armed outlaws, order the 
killing and murdering of Manuel Dantes, native, by causing him, the said Manuel 
Dantes, to be shot, by ordering Jose Atienza, native, a member of said band of 
armed outlaws, to kill the said Manuel Dantes, and in consequence of this order said 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 23^ 

Manuel Dantes, native, was shot in the head with a revolver held in the hands of 
said Jose Atienza, whereof the said Manuel Dantes then and there died. 

"This at the time and place above specified." 

Charge II. — "Being a guerrilla." 

Specification. — "In that he, Felix Atienza, native, not being a member of any 
recognized military organization, but acting independently of the same, did, in combi- 
nation with sundry other persons, similarly acting, armed with guns, revolvers, and 
bolos, engage in guerrilla warfare, and in promotion of such warfare, did rob and 
terrorize the peaceful inhabitants of the pueblo of Capas and its barrios. This 
between October 1, 1901, and February 1, 1901, in the pueblo and barrios of Capas, 
province of Tarlac, Luzon, P. I." 

Plea.— "Not guilty." 

Finding. — Of the first specification, first charge, "guilty." Of the second specifi- 
cation, first charge, "guilty." Of the third specification, first charge, "guilty." Of 
the first charge, "guilty." Of the specification, second charge, "guilty, except the 
word 'rob,' and of the excepted word not guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Felix Atienza, native^ 
"to be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring in these findings and 
this sentence." 

In the foregoing case, it appears that this accused, Felix Atienza, native, was a 
leader of an armed band of outlaws, directing its operations, in violation of the laws 
of war, against the peaceful inhabitants of the pueblo of Capas; that he ordered and 
caused to be consummated the murder with bolos of an unarmed and bound native, 
Civilio Lombay, at the brink of a newl}' made grave near the sitio of Sampaloc, 
Tarlac, on the suspicion of the victim being a spy of the Americans; that, again, he 
similarly and for like motive, caused two Igorrotes to murder two natives, Eusebio 
Ramos and Clesento Eamos, and on another occasion he caused one Manuel Dantes 
to be bound, conveyed to the brink of a grave, and shot from behind by the brother 
of accused. 

The attempt to throw the responsibility of such barbarous crimes upon orders of 
a superior can not be recognized in law or justice, particularly so where no immedi- 
ate duress was exerted at the time and place of the perpetration of the crimes. The 
illegality of orders of this character is so patent as to charge the most meager intelli- 
gence with notice of their illegality. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the pueblo of Capas, Tarlac Province, Luzon, P. I., on the thir- 
teenth (13) day of September, A. D. 1901, under the direction of the commanding 
general. Department of Northern Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistcmt Adjutant-GeneraL 



Headquarters Division, of the Philippines, 

Manila, P. /., August 19, 1901. 

General orders, No. 226. 

Before a military commission which convened at Concepcion, Province of Tarlac, 
Luzon, P. L, pursuant to paragraph 79, Headquarters Department of Northern Luzon, 
March 22, 1901, and of which Capt. Charles W. Abbot, jr., 12th U. S. Infantry, was 
president, and First Lieut. Earle Edmundson, 33d Infantry L^. S. Volunteers, was 
judge-advocate, were arraigned and tried Francisco Dizon, Gregorio Sampson, Pedro 
Layug, and Victorio ]Manalang, natives. 

Charge. — " Murder." 

Specification. — "In that they Francisco Dizon, Gregorio Sampson, Pedro Layug, 
A^ictorio Manalang, natives, and each of them, on or about the 16th of October, 1900, 
then as now a time of insurrection, at or near the bamo of Santa Cruz, pueblo of 
Concepcion, province of Tarlac, island of Luzon, P. I., a place, then, as now, within 
the theatre of active military operations, in company of and consorting with a band 
of armed outlaws, to the number of fifteen (15), more or less, names unknown, of 
which band said Francisco Dizon was in connnand, did each, willfully, feloniously, 
and with malice aforethought, kill and murder one Juan Rojas, native, by stabbing 
him, the said Juan Rojas, with a dagger held in the hand of a member of said armed 
band, acting under the direct orders of the said Francisco Dizon, inflicting wounds 
therewith, whereof the said Juan Rojas did then and there die." 



240 CHARGES OF CRUELTY. ETC., TO FILIPINOS. 

Pleas.— "Not guilty.'" 

Findings. — Victorio Manalanor, "not guiltv." Francisco Dizon and Pedro Lavuor, 
*' guilty." ' ' ^ 

Sentence. — And the commission does, therefore, "aquit him, the said Victorio Mana- 
lang," and does sentence the said Pedro Dayug "to be conlined at hard lal)or, at such 
place as the reviewing authority may direct, lor the period of twenty years," and 
does sentence the said Francisco Dizon "to be hanged by the neck until dead, at 
such time and place as the reviewing authority may direct, two-thirds of the com- 
mission herein concurring." 

In the foregoing case, it appears that accused, Francisco Dizon and Pedro Layug, 
in company of other armed outlaws, under the command of accused Francisco Dizon, 
and acting- under his direct orders, carried one Juan Rojas, suspected of being friendly 
to the Americans, to an isolated spot and there killed him with a dagger. 

Xo doubt as to the guilt of these two accused, as alleged, arises from the record, and 
the case as to accused Dixon presents no mitigating circumstance. 

In the case of accused Gregorio Sampson, a nolle prosequi was entered by authority 
of the department commander. 

The senrence, approved by the department commander, is confiiined, but in accord- 
ance with his recommendation in the case of Pedro Layug is commuted to imprison- 
ment at hard labor for the term of fifteen years. The Presidio de ^lanila is desig- 
nated as the place for the execution of his sentence, to which place this prisoner will 
be sent under proper guard. 

The sentence as to accused Francisco Dizan will be duly executed at the pueblo of 
San Isidrc.i, province of Xueva Ecija, Luzon, P. I., on the twentieth day of September, 
A. D. 1901, under the direction of the commanding-general, Department of Northern 
Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 19, 1901. 

General Orders, No. 227. 

Before a military commission which convened at Concepcion, Province of Tarlac, 
Luzon, P. 1., pursuant to paragraph 7, Special Orders. Xo. 79, Headquarters Depart- 
ment of Northern Luzon, March 22. 1901, and of which Maj. Robert K. Evans, 
-30th L. S. Infantry, was president, and First Lieut. Earle Edmmidson, 33d Infantry, 
JI. S. Volunteers, was judge-advocate, were arraigned and tried Simplicio Alfonso 
and Juan de la Cruz, natives. 

Charge. — " Murder." 

Speatication. — "That Simplicio Alfonso and Juan de la Cruz, natives, and each of 
them, in company and command of and consorting with Agapito Guinto and others, 
to the number of twenty, armed insurgents, more or less, names unknown, did 
feloniously and with malice aforethought kill and murder one Esteban Carlos, native, 
by shooting him with a gun held in the hands of the said Agapito Guinto, inflicting a 
Avound therewith whereof the said Esteban Carlos then and there died. This in 
time, then as now, of insurrection, in the sitio of Tepangbuhe, pueblo of ConcefH 
cion, Tarlac, P. I., territory under military control of the Lnited States, about 
6.30 p. m., on or about Januarv 4, 1901." 

Pleas.—" Not guilty. ' ' 

Findings. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Simplicio Alfonso 
and Juan de la Cruz, natives, and each of them, "to be hanged by the neck until 
dead, at such time and i^lace as the reviewing authority may direct, two-thirds of 
the commission concurring in this sentence." 

In the foregoing case it appears that these accused, Simj^licio Alfonso and Juan de 
la Cruz, were insurgent lieutenants at Tepangbuhe, Concepcion, Tarlac; the former 
the senior and the latter the junior, that both of these accused ordered their soldiers 
to capture and kill one Esteban Carlos, suspected to being a spy of the Americans, 
and such order was duly executed, the accused, Juan de la Cruz, being present at 
its consummation. 

As it is recommended by the department commander that the sentence in the case 
of Simplicio Alfonso be commuted to life imprisonment, clemency will akso be 
extended to his jmiior and subordinate, though coprincipal in the crime. 

The sentence is confirmed, but is commuted to imprisonment at hard labor for the 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 241 

term of the natural life of each of them. As thus commuted the sentence will be 
duly executed at the Presidio de Manila, to which place the prisoners wnll be sent 
under proper guard. 
Bv command of Major-Ceneral Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, August 19, 1901. 
General Orders, Xo. 228. 

Before a military commission which convened at Lingayen, Pangasinan, P. I., 
pursuant to paragraph 7, Special Orders, No. 97, Headquarters Department of North- 
ern Luzon, April 9, 1901, and of which Maj. Daniel H. Brush, 25th U. S. Infantry, 
was president, and Second Lieut. John R. Thomas, jr., 17th U. S. Infantry, was 
judge-advocate, was arraigned and tried Juan Barcena, native. 

Charge I. — "Murder." 

Specification 1. — "In that he, Juan Barcena, native, in company with others, names 
unknown, did willfulh^ feloniously, and with malice aforethought kill and murder 
one Fito Balisalisa, native, by cutting and stabbing the said lito Balisalisa with 
bolos held in the hands of said Juan Barcena, and others, names unknown, inflicting 
wounds therewith whereof the said Fito BalisaUsa did then and there or presently 
after die. This at or near the barrio Balangbang, pueblo of Dasol, province of 
Zambales, Luzon, P. L, on or about the 10th day of April, 1900, then, as now", a 
time of insurrection, at a place then, as now, under the jurisdiction of the United 
States." 

, Specification ^. — "In that he, Juan Barcena, native, in company with others, names 
unknown, did willfully, feloniously, and with malice aforethought kill and murder 
one Pedro Arbilla, native, by shooting the said Pedro Arbilla with a rifle or rifles, 
held in the hands of the said Juan Barcena and others, names unknown, thereby 
inflicting wounds from which the said Pedro Arbilla did then and there or presently 
after die. This at or near the barrio Mabalita, pueblo of Dasol, pi^jvince of Zam- 
bales, Luzon, P. I., on or about the 25th day of April, 1900, then, as now, a time of 
insurrection, at a place then, as now, under the jurisdiction of the United States." 

Specification 3. — "In that he, Juan Barcena, native, did willfully, feloniously, and 
wdth malice aforethought kill and murder a minor child of Braulio Bustamente, 
native, by shooting the said minor child with a rifle, held in the hands of the said 
Juan Barcena, thereby inflicting wounds from which the said minor child did then 
and there or presently after die. This at or near the pueblo of San Isidro, prov- 
ince of Zambales, Luzon, P. I., some time during the month of September, 1900, 
then, as now, a time of insurrection, at a place then, as now, under the jurisdiction 
of the United States." 

Chan(;e II. — "Kidnaping." 

Specification. — "In that he, Juan Barcena, native, in company with others, names 
unknown, ten (10), more or less, in number, did feloniously and forcibly bodily 
seize and carry away from their homes and against their wills the following persons, 
to wit: Pedro Arbilla, Nicolas Arbilla, and Tomas Arbilla, all of them natives, and 
did forcibly and unlawfully hold the said Pedro Arbilla, Nicolas Arbilla, and Tomas 
Arbilla in captivity. This at or near the barrio of Mabalita, pueblo of Dasol, prov- 
ince of Zambales, Luzon, P. I., on or about the 25th day of April, 1900, then, as 
now, a time of insurrection, at a place then, as now, under the jurisdiction of the 
LTnited States." 

Charge III.—" Robbery." 

Specification. — "In that he, Juan Barcena, a native of the Philippine Islands, in 
company with others, names unknown, ten (10), more or less, in number, did felo- 
niously and forcibly take from the presence of the ovv-ner or custodian a (juantity of 
money, clothes, and other valuables, value -unknown, the property of Pedro Arbilla, 
a native. This at or near the barrio ^Mabalita, pueblo of Dasol, province of Zam- 
bales, Luzon, P. I., on or about the 25th day of April, 1900, then, as now, a time 
of insurrection, at a place then, as now, under the jurisdiction of the United States." 

Plea.— "Not guilty." 

Finding. — Of the first specification, flrst charge, "guilty," Of the second specifi- 
cation, first charge, "guilty." Of the third specification, first charge, "guilty, except 
of the words 'during the nionth of Se])tember,' substituting therefor the words 
'on or about October 25,' of the excepted words not guilty, of the substituted word 
guilty." Of the first charge, "guilty." Of the specification, second charge, "guilty." 

S. Doc. 205, pt 2 16 



242 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 

Of the second charge, "guilty." Of the specification, third charge, "guilty." Of 
the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, the said JuanBarcena, 
native, "to be hanged by the neck until dead at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case it appears that the accused, Juan Barcena, in company of an 
armed band of outlaws, at the places and on or about the times alleged, seized, iDOund, 
and murdered, with bolos, a native, Fito Balisalisa, suspected of friendliness to the 
Americans; that he and his band shot to death with rifles another native, Pedro Arbilla; 
and that he personally shot and killed with a rifle a child of one Braulio Bustamente, 
because the latter was unable to meet the demand of accused for a contribution of 
rice. 

xlccused is also shown to have been guilty of kidnaping and holding captive against 
their wills three natives of ^Nlabalita, Zambales, and of robbing Pedro Arbilla of 
money, clothes, and other valuables. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Lingayen. province of Pangasinan, Luzon, P. I., on 
the 20th day of September, A. D., 1901, imder the direction of the commanding 
general. Department of Northern Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquaetees Division of the Philippines, 

Jlanila, P. I., August 22, 1901. 
General Orders, Xo. 233. 

Before a military commission which convened at Gerona. province of Tarlac, pur- 
suant to paragraph 7, Special Orders, Xo. 79, Headquarters Departuient of Xorthern 
Luzon, March 22. 1901, and of which Maj. Robert K. Evans, 30th U. S. Infantry, Avas 
president, and First Lieut. Earle Edmunson, 33d Infantry, L'. S. Volunteers, was 
judge-advocate, were arraigned and tried Tomas Bacolor, Enieterio del Rosario, and 
Andres Eebillido, natives. 

Charge. — "Murder." 

Specification. — "In that Tomas Bacolor, Emeterio del Rosario, and Andres Rebilli- 
do, natives, and each of them, at the barrio of San Andres, pueblo of Victoria, province 
of Tarlac, Luzon, in territory then, as now, occupied by U. S. troops, and at a time, 
then, as now, of insurrection against the lawful authority of the U. S., did willfully, 
feloniously, and with malice aforethought kill and murder three natives, Paulino 
Garcia, Louisa Pangilman, and one native boy, name unknown, by cutting the three 
said natives with bolos held in the hands of Tomas Bacolor, Emeterio del Rosario, 
and Andres Rebillido, inflicting wounds therewith whereof they, the said Paulino 
Garcia, Louisa Pangilinan and the native boy, name unknown, then and there died. 
This at the place above specified, during the month of September, 1900." 

Pleas. — "Xot guilt v." 

Findings.—" Guilty." 

And the commission does therefore sentence them, the said Tomas Bacolor, Eme- 
terio del Rosario, and Andres Rebillido, natives, and each of them, "To be hanged 
by the neck until dead, at such time and place as the reviewing authority may direct, 
two-thirds of the commission concurring in this sentence." 

In the foregoing case it appears that these accused, Tomas Bacolor, Emeterio del 
Rosario, and Andres Rebillido, in the barrio of San Andres, pueblo of Victoria, 
Tarlac, about September, 1900, seized and conveyed to an isolated spot a native man, 
a woman, and a boy, and then and there murdered them with bolos, on the alleged 
suspicion that the victims were spies of the Americans. 

Xo doubt as to the full guilt of all these accused arises from the record, and the 
cruel and vicious murder of a defenseless man, helpless woman, and harmless boy 
can call for but one fitting penalty. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the pueblo of Victoria, province of Tarlac, P. L, on the 20th day of 
Septemljer, A. D. 1901, imder the direction of the commanding general, department 
of Xorthern Luzon. 

Bv command of Major-General Chaffee: 

Vr. p. Hall, 
Assistant Adjutant- General. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 243 

Headquarters Division of the Philippines. 

Manlhi, P. /., Augmt £2, 1901. 

General Orders. Xo. 234. 

Before a military commission which convened at San Fernando de la Union, Luzon, 
P. I., pursuant to paragraph 2, Special Orders, No. 158, Headquarters Department of 
Northern Luzon, Octoljer 3, 1900, and of which Lieut. Col. Samuel 31. Swigert, 
13th L'. S. Cavalry, was president, and Maj. Charles F. Kieffer, surgeon, 4Sth Infantry, 
U. S. Volunteers, was judge-advocate, was arraigned and tried Florentino Garbo, 
native. 

Charge I. — '"Kidnaping, in violation of the laws of war." 

Sped ticnf ion. — ''In this that he Florentino Garbo, a native of Santa Cruz, Ilocos 
Sur, in company with three other natives, names unknown, did kidnap one Severino 
Orfiano from the house of one Agapito Jaena, a native, of the barrio of Amarao, with 
the intention of murdering the said Severino Orfiano, and that he the said Florentino 
Garbo, and his companions, names imknown, did forcibly and against his will keep 
said Severino Orfiano a prisoner for the space of a day and a night until the said 
murder could be consummated. This at or near the barrio of Quinsabungen, Santa 
Cruz, Ilocos Sur, Luzon, P. I., in territory occupied by the L". S. military forces, in 
or about the month of Xovember, 1900, a time of insurrection." 

Charge II. — '"Murder, in violation of the laAvs of war." 

Specification. — ""In this that he. Florentino Garbo, a native of Santa Cruz, Ilocos 
Sur, Luzon, P. I., having in company with others, names unknown, kidnaped one 
Severino Orfiano, a peaceful inhabitant of Balaoan, did murder the said Severino 
Orfiano, with a bolo held in his, the said Florentino Garbo' s, hands. This at or near 
Quinsabungen, Santa Cruz, Ilocos Sur, Luzon, P. I. , in territory occupied by the Y. S. 
militarv forces, in or about the month of November, 1900, a time of insurrection." 

Plea.—" Xot guilty. ' ' 

Finding. — Of the specification, first charge, "not guilty." Of the first charge, 
"not guilty." Of the specification, second charge, '"guilty, except the words 'hav- 
mg in company Avith others, names unknown, kidnaped one Severino Orfiano, a 
peaceful inhabitant of Balaoan' and also except the words 'the said,' of the excepted 
words "not guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, the said Florentino 
Garbo, native, "To be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Florentino Garbo, native, it appears that the accused was 
an unuuiformed Ijoloman, as were the men of arms-bearing age generally in Santa 
Cruz; that he was under the command of insurgent officers whenever called by them 
from his usual peaceful occupations to assist in criminal depredations upon the com- 
munity. In this instance, the deceased was a very lame, man and had come from a 
neighboring barrio to that of Quinsabungen on a friendly visit. Here he was forci- 
bly seized in the house of his entertainers, accused of being a spy, and without hear- 
ing or form of trial, in open day and in the most public manner, hurried to the nearby 
forest and there killed and buried. 

Accused appears to have been selected as executioner by a lieutenant of insurgents, 
who was present and ordered the accused to commit diis crime. Although the 
weight of evidence favors the conclusion that the accused was a willing participant 
therein, and under the laws of war merits the extreme penalty, still, in view of the 
orders of his guerrilla chief and the recommendation of the department commander, 
the sentence here confirmed will be commuted to imprisonment at hard labor for 
the term of his natural life. As thus commuted the sentence will be duly executed 
at the Presidio de Manila, to which place the prisoner will be sent under proper 
guard. 

Bv command of ^Major-General Chaffee: 

W. P. PIall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 24, 1901. 
General Orders. !N^o. 238. 

Before a military commission which convened at San Fernando de la Union, 
Luzon, P. L, pursuant to paragraph 9, Special Orders, No. 143, Headquartei"S Depart- 
ment of Northern Luzon, May 25, 1901, and of which Lieut. Col. Samuel ]M. Swigert, 
13th L'. S. Cavalry, was president, and Capt. Edward Sigerfoos, 5th U. S. Infantry, 
was judge-advocate, was arraigned and tried Francisco Peralta, a native. 



244 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Chaege — " Murder, in violation of the laws of war." 

Specification J. — "In this that he, Francisco Peralta, a leader of a band of insur- 
gents, did willfulh', feloniously, and with malice aforethought order one Francisco 
Ominga, a member of his band, to kill IMariano Orfiano, a peaceful inhabitant of 
Balaoan, Fnion Province, which order was obeyed, and in consequence thereof the 
said Mariano Orfiano was killed and murdered by being struck with a bolo or other 
sharp instrument, held in the hands of the said Francisco Ominga, whereby wounds 
were inflicted whereof the said Mariano Orfiano then and there died. This at or 
near the rancheria of Quensabungan, Santa Cruz, within the theater of military 
operations on or about December, 1900, a time of insurrection." 

Specification 2. — "In that he, Francisco Peralta, a leader of a band of insurrectos, 
did willfully, feloniously, and with malice aforethought order one Florentino Garbo, 
a native, to kill one Severino Orfiano, a peaceful inhabitant of Balaoan, Union 
Province, which order was obeyed, and in consequence whereof the said Severino 
Orfiano was killed and murdered by being struck with a bolo or other sharp instru- 
ment held in the hands of the said Florentino Garbo, whereby wounds were inflicted 
whereof the said Severino Orfiano then and there died. This at or near Quensa- 
bungan, Santa Cruz, Uocos Sur, on or about November, 1900, within the theater of 
active military operations and in time of insurrection." 

Additional Charge. — "Murder." 

Specification. — "In that Francisco Peralta, native, in company of, and consorting 
with, a band of armed outlaws which he commanded, to wit: Agapito Suyat, Eusebio 
de Sesto, Francisco Ominga, Mariano Viloria, Pedro de Sesto, Fermin Directo, 
Vicente Baldonade, Valentin Orine, Ignacio Noses, Timoteo Viloria, Inocencia 
Obillo, Guillermo Lopez, Ysabelo de Sesto, and others, names unknown, all natives, 
on the night of May 5, 1900, in a time of insurrection, did enter the town of Bangar, 
Province of Union, P. I., a territory occujDied by the military forces of the United 
States, and seize the following persons, to wit: Rufo Patacsil, Pascual Argallo, Filo- 
meno Andrada, Marcos Blen, native scouts employed by the United States, and 
Cayetano Lamento, a native policeman of Bangar, and did then and there, willfully, 
feloniously, and with malice aforethought, murder and kill the said Rufo Patacsil, 
Pascual Argallo, Filomeno Andrada, Marcos Blen, and Cayetano Lamento, by caus- 
ing them to be shot to death with guns held in the hands of said band of outlaws. 
This at the place and date above specified." 

Plea. — To the first specification, "Guilty, excepting the words, 'willfully, felo- 
niously, and with malice aforethought,' to the excepted words, not guilty." To the 
second specification, "guilty, excepting the words, 'willfully, feloniously, and with 
malice aforethought,' to the excepted words, not guilty." To the charge, "not 
guilty." To the specification, additional charge, "guilty, excepting the words, 
' willfully, feloniously, and with malice aforethought,' and the words, 'and murder,' 
to the excepted words, not guilty." To the additional charge, "not guilty." 

Finding. — Of the first specification, "guilty." Of the second specification, "guilty." 
Of the charge, "guilty." Of the specification, additional charge, "guilty." Of the 
additional charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Francisco Peralta, 
native, "to be hung by the neck until dead at such time and place as the reviewing 
authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case it appears that the accused, Francisco Peralta, was a leader 
of an armed band of men living within the lines of the United States forces. Wear- 
ing by day the ordinary native dress and seemingly following peaceful occupations, 
the band came together at night, or, in localities not immediately occupied by 
American troops, by day and night, for the purpose chiefl}^, it appears, of summarily 
killing those of their neighbors who were friendly to the American Government. 

The accused upon the witness stand admitted all the material facts establishing his 
criminal responsibility for the murder of seven men in the manner and form as 
charged. His defense was that he did this in compliance with the general orders of 
his sujjeriors that all spies should suffer death. Yet the murdered men were not 
spies. When seized they were peacefully living at their homes. A spy is a person 
who enters the lines of an army in disguise. "Concealment or disguise and the 
employment of false pretenses are essential elements of the crime of being a spy." 
Again, "spies who are captured after having successful!}' returned to the lines of the 
army which employs them shall not be liable to trial and punishment for offenses 
committed prior to such successful return." 

Such are the necessary, yet so far as maj^ be humane and just, provisions of the 
laws of war. 

The controlling motive actuating the accused appears by his testimony to have 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 245 

been his conception that all natives friendly to the Americans were traitors, but in 
one instance a personal grievance is disclosed. Quoting his own testimony, his vic- 
tim, it appears, had acted as guide to "the American troops and scouts, who seized 
all my cattle and horses, and he knev\- where they were." 

So, too, out of his own mouth he condemned himself and his followers as acting 
the part of perpetual spies upon the American troops. Speaking of his soldiers, he 
testified: "In the nighttime they stayed in the cuartel, but in the daytime they used 
to take walks everywhere in civilian dress. INIy soldiers all had cedulas from the 
American Government, and the places the Americans occupied were occupied by us, 
too, for they furnished us food and obeyed our orders. The reason the Ameri- 
cans could never catch the insurgents was because they always went in civilian dress." 
Here are all the elements necessary to constitute a spy of the most dangerous kind. 
Insurgent soldiers in ordinary citizens' dress lurked about and among the American 
garrisons. With deceptive cunning they o]:)tained cedulas from the American author- 
ities, and while abiding their chance to surprise and assail American troops or assas- 
sinate their neighbors who were friendly to those troops, pretended to he peaceful 
neighbors and good 'friends. What is true of the locality of these crimes is known 
to be true everywhere throughout all the provinces that have joined the insurrec- 
tion. But when a whole ])eople deliberately adopts a method of waging war contrary 
to the recognized laws of war, those laws, following the enlightened and humane 
sentiments of the most civilized nations, do not sanction that a sentence of extermi- 
nation shall issue against a vrhole people. Hence, in confirming the sentence in this 
case, the general commanding is not moved by any consideration of the fact that the 
accused and his followers are shown to have been spies and therefore under ordinary 
conditions, snl)ject to the penalty of death, but is guided solely by the fact that the 
accused is beyond all doubt guilty of personally directing and, in his presence, caus- 
ing the wanton murder of men living in the peace of the Government of the United 
States. 

The sentence, approved by the department commander, will be dulj^ executed at 
the pueblo of Bangar, province of Union, Luzon, P. I., on the 11th day of October, 
A. D. 1901, under the direction of the commanding general, Department of Xortheru 
Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 29, 1901. 
General Orders, Xo. 241. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 4, Special Orders, No. 23, Headquarters Provost-Marshal-General (Separate 
Brigade, Provost Guard), January 30, 1901, and of which Maj. AVilliam H. Bishop, 
36th Infantry, U. S. Volunteers, was president and Capt. AVarren H. Ickis, 36th 
Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried: 

I. Julian Pioquinto, a native. 

Charge. — "Murder." 

Specijiration. — "In that said Julian Pioquinto, a native, on or about Septemljer 29, 
1900, then as now a time of insurrection, at the city of ]NIanila, P. I., a place then as 
now under the military government of the United States, did Avillfully, feloniously, 
and with malice aforethought kill and murder one Ong Shung, a Chinaman, by 
stabbing him, the said Ong Shung, with a knife in the hands of him, the said Julian 
Pioquinto, then and there had and held, inflicting thereby wounds whereof he, the 
said Ong Shung, then and there died. This at the time and place above specified." 

Plea.— "Not guilt V." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, the said Julian Pio- 
quinto, native, "to be confined at hard labor, at such place as the reviewing authority 
may direct, for twenty-five (25) years." 

In the foregoing case of Julian Pioquinto, native, it appears by the testimony of a 
single witness that the accused at nighttime sprang upon the deceased as he was 
taking his seat in a quilez beside the witness and inflicted blows with a knife, from 
which deceased soon bled to death. The witness did not call the police nor make 
known the crime to the authorities, and his unsupported and contradictory state- 
ments are not deemed worthy of credence. The sentence is disapproved and the 
prisoner will be set at libertv". 



246 CHAKGES OF CRUELTy. ETC., TO FILIPI^S^OS. 

II. Juan Tagal. alias Juan Tagalo, alias Juan Tagalog, native. 

Charge I. — ''Murder.'' 

Spedticatioii. — "In that he, Juan Tagal, alias Juan Tagalo, alias Juan Tagalog, na- 
tive, on or about the 4th day of December, 1900, a time then as now of insurrection 
against the military authority of the I'nited States, at Manila, Luzon. P. I., a place 
then as now occupied by the troops of the United States, did willfully, feloniously, 
and with malice aforethought kill and murder one Basilio Alvarez, a native, by 
striking him, the said Basilio Alvarez, with a dangerous weapon, the description of 
which weapon is unknown, then and there had and held in the hands of the said 
Juan Tagal, alias Juan Tagalo, alias Tagalog. inflicting wounds therewith upon the 
person of the said Basilio Alvarez, whereof he, the said Alvarez, then and there died." 

Charge II. — "Assault with intent to kill." 

Specifieatum. — "In that he. Juan Tagal, alias Juan Tagalo. alias Juan Tagalog, na- 
tive, on or about the -tth day of December, 1900. a time then as now of insurrection 
against the lawful military authority of the United States, at Manila. Luzon, P. I., 
a place then as now occupied by the troops of the United States, did willfully, feloni- 
ously, and with malice aforethought make an assault on Arcadio Semelio and Hugo 
Alejandro, natives, and each of them, with a dangerous weapon, the description of 
which weapon is unknown, then and there had and held in the hand of the said 
Juan Tagal. alias Juan Tagalo, alias Juan Tagalog, with the intent then and there 
willfully, feloniously, and with mahce aforethought to kill and murder them, the 
said Arcadio Semelio and Hugo Alejandro, and each of them."" 

Plea. — "Xot guilty.'" 

FI^'DI^'G.^ — ■■ Guilty."" 

Sente>xe. — Aiid the commission does therefore sentence him, the said Juan Tagal, 
alias Juan Tagalo, alias Juan Tagalog, a native, "to be confined at hard labor at 
such place as the reviewing authority may direct for twenty (20) years." 

In the foregoing case it appears that the accused, Juan Tagal, alias Juan Tagalo, 
alias Juan Tagalog, was in temporary charge of the steam launch MUeii, at the time 
moored to the river bank near the custom-house in Manila: that on or about 10 o'clock 
at night three sailors came aboard the MUry from the steam launch Bralnard, lying 
a few yards above the MUey. for the purpose of gambling. A game was accordingly 
commenced, when the accused ordered the participants to cease playing, sa^"ing it 
was against the rules for persons to gamble on his boat, and later blew out a light to 
make more effective his orders. The visitors then left the MUey. but in going mani- 
fested anger, and, from the bank, against which the JlHey lay, one of them challenged 
the accused to fight. The accused accepted the challenge, and going on shore, a fight 
ensued in which five or six persons participated and the accused and three others 
were severely wounded, one being fatally wounded and dying from the effects of a 
knife wound in the abdomen. During the fray the accused had possession of an iron 
bar, about IS inches in length, with "v\:hich he pursued the sailors from the Brainard 
to the two lorchas lying beside and between her and the river bank. The fight 
continued on these lorchas until after the lapse of some minutes, when the near-by 
American military guard arrested the participants. 

In forbidding the men who had come aboard the Miley to gamble, the accused 
acted within his lawful right and duty, but in following these men on shore with a 
deadly instrument he assumed the part of a criminal. 

The men from the Brainard had. however, employed insulting and anger-provoking 
words toward the accused, which led him to assail them, and in the fight blows were 
given and received which resulted in the death of the deceased, and, as stated, the 
serious wounding of the accused. It would be wresting the law from its true meaning 
to hold that the killing of deceased v>-as done with premeditation and malice afore- 
thought, elements necessary to clearly establish the crime ot murder, and hence the 
finding upon that charge is disapproved. 

The finding upon the second charge is approved, the sentence is confirmed, but is 
commuted to imprisonment at hard labor for the term of ten (10) years. As thus 
commuted the sentence will be duly executed at the Presidio de ^Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Major-General Chaffee: W. P. Hall, 

Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

ManUa, P. /., August 30, 1901. 
General Orders, Xo. 213. 

Before a military commission which convened at Manila. Luzon, P. I., pursuant to 
paragraph 4, Special Orders, Xo. 23, Headquarters Provost-Marshal-General (Separate 
Brigade, Provost Guard), January 30, 1901, and of which Maj. William H. Bishop, 



CHAEGES OF CEUELTf, ETC., TO FILIPIKOS. 247 

Thirty-sixth Infantry, United States Yohmteers, was president, and Capt. Warreii H. 
Ickis, Thirty-sixth Infantry, United States Volunteers, was judge-advocate, was 
arraigned and tried Aniceto de Leon, a native. 

Chaege I. — "Abduction." * ^ * 

Specification. — "In that Aniceto de Leon, a native, together with Antonio Olivas 
and sundry other persons whose names are unknown, natives, on or about the 16th 
day of December, 1900, a time, then as now, of insurrection against the United States, 
at Manila, P. I., a place, then as now, under the military authority of the United 
States, one Antanacia San Juan, a female, aged about eighteen (18) years, against 
her will, with unchaste designs, feloniously and forcibly did seize, take, and carry 
away, for the purpose of having carnal knowledge of her, the said Antanacia San 
Juan, against the peace and dignity of the state." 

Charge II. — " Rape." 

Specification 1. — "In that Aniceto de Leon, a native, on the 16th day of December, 
1900, a time, then as now, of insurrection against the United States, at Manila, P. I., 
a place, then as now, under the military authority of the United States, in and upon 
one Antanacia San Juan, violently and feloniously did make and assault, then and 
there, and against her will did ravish and carnally know, against the peace and 
dignity of the state." (Specifications 2 to 15, inclusive, are of the same tenor as the 
one last quoted.) 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence.— And the commission does therefore sentence him, Aniceto de Leon, 
native, " to be confined at hard labor, at such place as the reviewing authority may 
direct, for twenty ( 20 ) years. ' ' 

In the foregoing case of Aniceto de Leon, native, the prosecution has failed to 
establish by the evidence the guilt of the accused beyond a reasonable doubt. The 
finding and sentence are therefore disapproved, and the prisoner will be set at liberty. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
AssistaiU Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 30, 1901. 
General Orders, No. 244. 

Before a military commission which convened at Lingayen, Pangasinan, P. I., 
pursuant to paragraph 7, Special Orders, No. 97, headquarters Department of North- 
ern Luzon, April' 9, 1901, and of which Maj. Daniel H. Brush, Twenty-fifth U. S. 
Infantry, was president, and Second Lieut. John P. Thomas, jr.. Seventeenth U. S. 
Infantry, was judge-advocate, were arraigned and tried: Deogracias Doriaand Roque 
Doria, natives. 

Charge I. — "Kidnapping." 

Specification. — "In that on or about the 15th day of November, 1899, then, as now, 
a time of insurrection, at or near the barrio of San Carlos, puel)lo of San Carlos, 
Province of Pangasinan, island of Luzon, Philippine Islands, a place then, as now, 
in the theater of active military operations, Deogracias Doria and Roque Doria, 
natives, and each of them, in company of and consorting with a band of outlaws 
armed with rifles and bolos, the said band consisting of eighteen (18) men, more or 
less, did forcibly and feloniously seize Marcello Fernandez, Domingo Fernandez, 
Andres Doria and Alejandro Navarro, policemen from the pueblo of Aguilar, in the 
said Province of Pangasinan and did then and there bind tlie four aforesaid police- 
men, blindfold them, and take them forcibly and against their wills, and against the 
will of each of them, to a point in or near the said barrio of San Carlos, on the bank 
of the River Agno. This at the time and place above specified." 

Charge IL— " Murder. ' ' 

Specification. — "In that on or about the 15th day of November, 1899, then, as now, 
a time of insurrection, at or near the barrio of San Carlos, pueblo of San Carlos, 
Province of Pangasinan, island of Luzon, Philippine Islands, a place then, as now, 
in the theater of active military operations, Deogracias Doria and Roque Doria, 
natives, and each of them, in company of, and consorting with, a band of outlaws 
armed with rifles and bolos, the said band consisting of eighteen (18) men, more or 
less, did, acting in concert with the said band of outlaws, wilfully, feloniously, and 
with malice aforethought, kill and murder Domingo Fernandez, Andres Doria, and 
Alejandro Navarro, policemen of the pueblo of Aguilar, in the said Province of Pan- 
gasinan, by shooting them with rifles and cutting them with bolos held in the hands 



248 CHARGES OF CRUELTY. ETC., TO FILIPIT^OS. 

of the said Deogracias Doria, Roque Doria, and other members of the said band of 
outhiws, inflicting wonnds therewith, whereof the said Domingo Fernandez, Andres 
Doria, Alejandro Xavarro, then and there died; the said band of outlaws having first 
seized, bound, and lilindfolded the three aforesaid policemen and taken them by force 
from a house in or near the said barrio of San Carlos, to a point in or near the said 
barrio on the bank of the River Agno and there, after murdering the three afore- 
said policemen, as aforementioned, threw their bodies into the said River Agno. 
This at the time and place alcove specified." 

Charge III.— '"Assault with intent to kill." 

Specification. — " In that on or about the 15th day of November, 1899, then, as now, 
a time of insurrection, at or near the barrio of San Carlos, pueblo of San Carlos, 
Province of Pangasinan, island of Luzon. Philippine Islands, a place then, as now, 
in the theater of active operations, Deogracias Doria and Roque Doria, natives, and 
each of them, in company of and consorting with, a band of outlaws, armed with 
rifles and bolos, the said band consisting of eighteen (18) men, more or less, did, 
each and both of them, acting in concert with the said band of outlaws, wilfully and 
feloniously and with malice aforethought attempt to kill and murder one Marcello 
Fernandez, native, a policeman of the pueblo of Aguilar, in the said Province of Pan- 
gasinan, by shooting at him with rifles and cutting him severely with a bolo or other 
sharp instrument held in the hands of the said Deogracias Doria, Roque Doria, and 
other members of the said band of outlaws, the said band of outlaws, having first 
seized, bound, and blindfolded the aforesaid ^larcello Fernandez, and taken him by 
force from the house in or near the said barrio of San Carlos, to a point in or near 
the said barrio, on the bank of the River Agno, and thereafter inflicting on the per- 
son of the said Marcello Fernandez a severe wound, as aforesaid, did throw him into 
the said River Agno, with the intention of making sure of the death of the said 
Marcello Fernandez. This at the time and j^lace above specified." 

Pleas.— "Not guilty." 

Findings. — Of the specification, first charge, ''guilty, except of the words 'San 
Carlos,' substituting therefor the word 'Matabuey,' and except of the words 'San 
Carlos' whenever they appear again in the specification, substituting therefor in each 
case the word 'Aguilar,' and except of the word 'Agno,' substituting therefor the 
word 'Matabuey,' of the excepted words not guilty, of the substituted words guilty." 
Of the first charge, "guilty." Of the specification, second charge, "guilty, except 
the words 'San Carlos,' substituting therefor the word 'Matal)uey,' and except of 
the words 'San Carlos' whenever they occur again in the specification, substituting 
therefor in each case the word 'Aguilar,' and except of the word 'Agno,' substituting 
therefor the word 'Matabuey,' of the excejDted words not guilty, of the substituted 
w*ords guilty." Of the second charge, "guilty." Of the specification, third charge, 
*' guilty, except of the words 'San Carlos,' substituting therefor the word 'Matabuey,' 
and except of the words 'San Carlos,' whenever they occur again in the specification, 
substituting therefor, in each case, the word 'Aguilar,' and except of the word 'Agno,' 
substituting the word 'Matabuey,' of the excepted words not guilty, of the substituted 
words guilty." Of the third charge, '"guilty." 

Sentence. — And the commission does therefor sentence them. Deogracias Doria 
and Roque Doria, natives, and each of them, "to be confined at hard labor at such 
place as the reviewing authority may direct for the term of their natural lives." 

In the foregoing case it appears that these accused, Deogracias Doria and Roque 
Doria, in company of an armed band of outlaws, seized, bound, and conveyed to an 
isolated spot on the banks of the Matabuey River, four native policemen, three of 
whom they shot and boloed to death and threw into the river. The fourth was 
boloed, but not fatally, and also thrown into the river. Subsecjuently he escaped 
and appears as a witness herein for the prosecution. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which j)lace the prisoners will be sent 
under proper guard. 

Bv command of Major-General Chaffee: 

AV. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. /., August 30, 1901. 
General Orders, Xo. 245. 

Before a military commission which convened at the city of Manila. P. I., pursu- 
ant to paragraph 4, Special Orders, Xo. 23, Headquarters Provost-Marshal-General 
(Separate Brigade, Provost Guard) , January 30, 1901, and of^ which Major Wilham 



CHARGES OF CRUELTY, ETC. . TO FILIPINOS. 249 

H. Bishop, Thirty-sixth Infantry, United States Volunteers, was president and Cap- 
tain AVarren H. Ickis, Thirty-sixth Infantry, United States Volunteers, was judge- 
advocate, was arraigned and tried Servando de la Cruz, a native. 

Charge. — ' " Murder, ' ' 

Specification. — "In that they, Servando de la Cruz and Raymundo Borje, alias 
Domingo Ba ije, natives, on or about the 31st day of January, 1901, a time then as 
now ofiusurreetion against the United States, at Manila, Luzon, P. I., a place then 
as now under the military authority of the United States, did feloniously and of their 
malice aforethought, and of the malice aforethought of each of them, together with 
one Tomas Leda, make an assault on one Francisco Manuel, and M'ith certain knives 
and daggers, one of which each the said Servando de la Cruz, Raymundo Borje, alias 
Domingo Bauje and Tomas Leda then and there had and held in his hand, and did 
feloniously and of their malice aforethought, and of the malice aforethought of each 
of them, strike, stab, thrust, cut at, upon and into the .said Francisco Manuel, inflicting 
on the said Francisco Manuel, in the abdomen of the said Francisco INIanuei one mortal 
wound, of which said mortal wound the said Francisco Manuel thence continually 
languished until about one hour thereafter, on the 31st day of January, 1901, he 
there died; against the peace and dignity of the State." 

Plea.— " Xot guilty." 

FiXDixG. — " Guilty." 

Sentexce. — And the commission does therefore sentence him, Servando de la Cruz, 
a native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case it appears that this accused. Servando de la Cruz, in com- 
pany of two companions (one since deceased and the other not apprehended) , 
on or about January 31, 1901, at Manila, P. I., repaired to the house of deceased, 
Francisco Manuel, and forcibly seized his sister-in-law, with the presumptive inten- 
tion of abducting her. Her cries for assistance brought deceased, his wife and 
brother-in-law to the rescue, and in the fracas which followed, deceased was mortally 
stabbed with a dagger and his wife and brother-in-law seriously wounded. 

Four eye-witnesses testify that the accused struck the fatal blow, but even if this 
were not so, his connection with the perpetrators of the crime, comlnned together 
for the commission of the felony would, in law, constitute accused a principal in any 
crime incidental to the common felonious purpose. 

The sentence, approved by the convening authority, is confirmed, but in accord- 
ance with his recommendation, is commuted to imprisonment at hard labor for the 
term of the natural life of the accused, Servando de la Cruz. The Presidio de 
Manila is designated as the place of execution of this sentence, to which prison Ser- 
vando de la Cruz will be sent under proper guard. 

Bv command of Major-General Chaffee: 

AV. P. Hall, 
Assistant Adjutant-General. 



HEAIXiUARTERS DlVISIOX OF THE PhILIPPIXES, 

Manila. P. I., September:?, 1901. 
General Orders, Xo. 246. 

Before a military commission, which convened at San Fernando de la Union, pur- 
suant to parai^raph 9, Special Orders, Xo. 143, Headquarters Department of Northern 
Luzon, !May 25, 1901, and of which Lieut. Col. Samuel M. Swigert, Thirteenth United 
States Cavalry, was president, and Capt. Edward Sigerfoos, Fifth United States 
Infantry, was judge-advocate, was arraigned and tried Aniceta Angeles, a native. 

Cn.ARGE. — "Murder, in violation of the laws of war." 

Specification. — "In this that he, Aniceta Angeles, leader of a band of insurrectos in 
the province of Union, did willfully, feloniously, and with malice aforethought 
order and direct one Canuto Basa, a soldier of his band, to kill and munler Faustino 
Ressurrecion, a peaceful native of Xamacpacan, L'nion Province, which order was 
obeyed, and in consequence thereof the said Faustino Ressurrecion was killed by a 
bayonet thrust, the bayonet being held in the hands of the said Canuto Basa, 
whereby wounds were inflicted whereof the said Ressurrecion then and there died. 
This at or near Cagoonan, a rancheria of Alilem, territory in the active theater of 
military ojjerations, in the month of February, 1900, a time of insurrection," 

Plea. — To the specification, "guilty, excepting the words 'willfully, feloniously, 
and with malice aforethought,' and the words 'and murder,' to the excepted words 
not guilty." To the charge, " not guilty." 



250 CHAKGES OF CEUELTY, ETC., TO FILIPINOS. 

Findinct. — ''Guilty." 

Sentence. — And the commission does therefore sentence him, Aniceta Angeles, 
native, "to be bung by the neck mitil he is dead, at such time and place as the 
reviewing authority' may direct, two-thirds of the members of the commission con- 
curring therein." 

In the foregoing case it appears that this accused, Aniceta Angeles, native, a leader 
of a band of insurgents, ordered and caused to be murdered with bayonets one Faus- 
tino Ressurrecion, a peaceful native of Xamacpacan, l^nion Province, on the alleged 
suspicion that the victim acted as a spy of the Americans. No reasonable doubt as 
to the guilt of accused arises from the record, and his own admissions on the stand 
fully establish his criminal responsibility for the deed charged. The victim was in 
no sense a spy, was kidnaped within the American lines, and murdered without a 
trial or hearing. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Bangar, province of Union, Luzon, P. L, on the 18th day of Octo- 
ber, A. D. 1901, under the direction of the commanding general, Department of 
Northern Luzon. 

By connnand of ^Major-General Chaffee: 

W. P. Hall, 

J Rsistant Adjutant- General. 



Headquaetees Division of the Philippines, 

Manila, P. I., September 2, 1901. 
General Orders, Xo. 247. 

Before a military commission, which convened at San Fernando de la Union, P. L, 
pursuant to paragraph 9, Special Orders, Xo. 143, Headquarters Department of 
Xorthern Luzon. June 15, 1901, and of which Lieut. Col. Samuel M. Swigert, Thir- 
teenth United States Cavalry, was president, and Capt. Edward Sigerfoos, Fifth 
United States Infantry, was judge-advocate, were arraigned and tried Tomas Torres, 
Fermin Directo, Timoteo Viloria, natives. 

Chaege. — "Murder. ' ' 

Specification. — "In that Tomas Torres, Fermin Directo, Timoteo Viloria, all 
natives, and each of them did willfully, feloniously, and with malice aforethought 
kill and murder one Mariano Peraita, native, by cutting the throat of the said ?.Iariano 
Peralta with a knife or other sharp instrument in the hands of the said Torres, 
Directo, and Yiloria, inflicting wounds from which the said Mariano Peralta did then 
and there die. This on or about the 14th day of May, 1900, in a time of insurrec- 
tion and in a place occupied by the military forces of the United States, viz, in the 
barrio of Pacpaco, pueblo of Balaoan, province of Union, P. I." 

Plea.— "Xot guilty." 

Findings. — Timoteo Yiloria, "not guilty." Tomas Torres and Fermin Directo, of 
the specification, "guilty, except the words, 'Timoteo Yiloria, Directo, and Yiloria,' 
of the excepted words, not guilty." Of the charge, "guilty." 

Sentence.— And the commission does therefore acquit Timoteo A^iloria, and 
sentence Tomas Torres and Fermin Directo and each of them, "to be hung by the 
neck until dead, at such time and place as the reviewing authority may direct, 
two-thirds of the members of the commission concurring therein." 

In the foregoing case it appears that Tomas Torres and Fermin Directo, two of the 
accused, in company of other armed outlaws, sequestrated and conveyed to an 
isolated spot one Mariano Peralta, who was friendly to the Americans. There the 
victim was murdered by a blow in the head with a palina brava club and his throat 
cut with a knife, both of the said accused participating in the consummation of the 
crime. The accused Timoteo Yiloria is not shown to have been connected with the 
crime. 

The sentence against accused, Tomas Torres and Fermin Directo, approved by the 
department commander, is confirmed, and will be duly executed as against each of 
them at Bangar, province of L^nion, Luzon, P. I., on the 18th day of October, A. D. 
1901, under the direction of the commanding general. Department of Xorthern 
Luzon. 

By connnand of Major-General Chaffee : 

W. P. Hall, 
' A ssistant A djutant- General. 



CHAEGES OF CRUELTY, ETC. , TO FILIPIITOS. 251 

Headquartees Division of the Philippines, 

Manila, P. I. , September 2, 1901. 
General Orders, No. 248. • 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 8, Special Orders, Xo. 170, Headquarters Department of Southern Luzon, June 
19, 1901, and of which Lieut. Col. Allen Smith, First United States Cavalry, was 
president and Capt. Palmer E. Pierce, Thirteenth United States Infantry, was judge- 
advocate, was arraigned and tried: Perfect© Flores, a native. 

Charge I. — "Murder." 

Specification. — "In that a band of outlaws, of the number of ten (10) , more or less, 
whose names are unknown, at or near Pasay, Luzon, P. I., a place then, as now, 
under the military government of the LTnited States, on or about the 3d day of 
Octobor, 1900, a time then, as now, of insurrection against the United States, did 
wilfully, felonioush^ and with malice aforethought, kill and murder one 'Marcelo 
Bias, a native, by striking him, the said Marcelo Bias, with dangerous, sharp-edged 
weapons, the exact description of which are unknown, then and there had and held 
in the hands of the members of the said band, inflicting wounds therewith on the 
person of the said Marcelo Bias, whereof he, the said Marcelo Bias, then and there 
died; and that he, Perfecto Flores, a native, then and thereat the commission of the 
said felony, feloniously was present aiding and abetting the said band of armed out- 
laws to do and commit the felony and murder aforesaid." 

Charge IL — " Kidnapping. ' ' 

Specification. — "In that he, Perfecto Flores, a native, at or near Pasay, Luzon, P. I., 
a place then, as now, under the military government of the United States, on or 
about the 3d day of October, 1900, a time then, as now, of insurrection against the 
United States, in company and consorting with a band of armed outlaws, to the num- 
ber of ten (10), more or less, vvhose names are unknown, did forcibly and feloniously 
seize, bind, and carry away, against his will, one Domingo Tancio, a native." 

Charge III. — -"Guerrilla warfare in violation of the laws of war." 

Specification. — " In that he, Perfecto Flores, a native, at or near Pasay, Luzon, P. I., 
a place then, as now, under the military government of the United States, at various 
times during the year 1900, a time and times, then as now, of insurrection against the 
United States, ununiformed and in company and consorting with a band of armed, 
ununiformed outlaws, to the number of ten (10), more or less, whos? names are 
unknown, did resist and defy the lawful authority of the United States and engage 
in expeditions dii'ected against the said authority and against peaceful natives, friendly 
to the L^nited States; on one of said expeditions, on or about the 3d day of October, 
1900, one such friendly native, ]Marcelo Bias, was killed and murdered, and another 
such friendly native, Domingo Tancio, was seized, bound, and carried away against 
his will bv the said band." 

Plea.— "Xot guiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Perfecto Flores, 
native, "to be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case of Perfecto Flores, native, it appears by the evidence that the 
accused was one of a band of men wearing ordinary dress, who lay in wait for the 
two tailors who were working for the soldiers of Pasay Cavalry Barracks, and seizing 
them as they were going home in the evening from their day's work, killed deceased 
and took the other, Domingo Tancio, captive, in the manner and form as charged. 
It also appears from the documentary evidence filed in the case that these crimes 
were committed in compliance with orders received from insurgent chiefs. The sole 
case of offense appears to have grown out of the fact that tlieir victims were earning 
a livelihood by taking service as tailors for the American soldiers. The wanton 
killing of a peaceful man the dullest intelligence can comprehend is not war, but must 
in truth be characterized as the most cowardly form of murder. Such murder dis- 
graces any cause in the name of which it is done, and marks all who engage in it, 
from the chief giving the order to the follower who executes it, as assassins, danger- 
ous to friend and foe alike, and rightly classes them under the laws of war as enemies 
of mankind. Upon all such offenders the best good of humanity demands that the 
law shall take its course. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the city of ^Manila, Luzon, P. I., on the twenty-seventh (27th) day 
of September, A. D. 1901, under the direction of the commanding officer, post of 
Manila. 
By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



252 CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, P. L, September 2, 1901. 
General Orders, No. 249. 

Before a military commission which convened at the pueblo of Tayabas, province 
of Tayabas, Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 58, Head- 
quarters Department of Southern Luzon, February 27, 1901, and of which Capt. 
Lawrence J. Hearn, Twenty-first United States Infantry, was president, and Second 
Lieut. Edwin A. Hickman, First United States Cavalry, was judge-advocate, were 
arraigned and tried Leoncio l^lacalaguin, Leoncio Tabordan, Ananias Avillanosa, 
Pascual Tabordan, and Laureano Palmadres, natives. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that they, Leoncio Macalaguin, Leoncio Ta])ordan, Ananias 
Abillanosa, Pascual Tabordan, and Laureano Palmadres, natives, and each of them, 
on or about the 8th day of February, 1901, then, as now, a time of insurrection, at or 
near the barrio of Bocal of the pueblo of Tayabas, Tayabas Province, P. I. , a place 
then as now within the theater of active military operations by United States forces, 
in company with other armed outlaws, did each willfully, feloniously, and with malice 
aforethought, torture with the extreme cruelty by burning one Tomas Ragudo, for 
the purpose of robbery, in the house of the said Tomas Pagudo, so that the said 
Tomas Ragudo died from the effects of said burning, after suffering and lingering 
until the night of Februarv 13, 1901. This at the time and place above specified." 

Pleas.— "Not guilty." ^ 

Findings. — Leoncio Macalaguin and Leoncio Tabordan, "guilty." Ananias Abil- 
lanosa, Pascual Tabordan, and Laureano Palmadres, of the specification, "guilty, 
except the word ' burning,' but guilty of being accessory to the fact; of the excepted 
word, not guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Leoncio Tabordan 
and Leoncio Macalaguin, natives, and each of them, "to be hanged by the neck 
until he is dead, at such time and place as the reviewing authority may direct, two- 
thirds of the members concurring in this sentence." Ananias Abillanosa, Pascual 
Tabordan, and Laureano Palmadres, natives, and each of them, " to be confined at 
hard labor, at such place as the reviewing authority may direct, for the remainder of 
his natural life." 

In the foregoing case it appears that these accused, Leoncio Macalaguin, Leoncio 
Tabordan, Ananias Abillanosa, Pascual Tabordan, and Laureano Palmadres, natives, 
in company of an armed band of robbers, entered the house of one Tomas Ragudo, 
first siezed, bound, and hung up by a rope his son, then finding the father and 
mother, tied their elbows behind their backs and hung them to a rafter in their 
house. They then demanded money from Tomas Ragudo, and unsatisfied with the 
amount he yielded up, proceeded to wrap rags saturated with oil about his feet and 
legs and set them afire. From a half hour to two hours the torture was continued, 
accompanied with blows from butts of rifles, flats of bolos, and fists, and the young 
daughter of the victim was struck down by a blow from a bolo over the head. For 
five days the victim lingered in agony from the effects of his burns and then died. 

It is difficult to believe that human depravity and degeneracy can sink to such 
depths as shown in this fiendish deed, and still more difficult to find a reason for dis- 
crimination of sentence l^etween any of these accused. 

The sentence is confirmed and will be duly executed in the cases of accused, 
Leoncio Macalaguin and Leoncio Tabordan, at Lucena, province of Tayabas, Luzon, 
P. L, on the eleventh (11th) day of October, A. D. 1901, under the direction of the 
commanding general. Department of Southern Luzon. 

In the cases of these accused Ananias Abillanosa, Pascual Tabordan, and Laureano 
Palmadres, their sentence will be duly executed at the presidio de Manila, to which 
place they will be sent under proper guard. 

Bv command of Major-General Chaffee. 

^y. p. Hall, 
A ss istant A djuta i it- General. 



Headquarters Division of the Philippines, 

Manila, P. I., September 5, 1901. 
General Orders, No. 250. 

I. Before a military commission which convened at Bautista, province of Panga- 
sinan, Luzon, P. L, pursuant to paragraph 10, Special Orders, No. 34, Headquarters 
Department of Northern Luzon, February 5, 1901, and of which Capt. John H. H. 
Peshine, 13th U S. Infantry, was president, and Second Lieut. Sylvester Bonnaffon, 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 253 

13th U. S. Infantry, was judge-advocate, were arraigned and tried Matias Alipio 
and Matias Cagampan, natives. 

Chaege. — " Murder. ' ' 

Specification. — "In that they, Matias Ahpio and Matias Cagampan, natives, and 
each of them, on or about January 4, 1900, a time, then as now, of insurrection 
against the United States, at or near the barrio of Bulanci, of the pueblo of Manga- 
tarem, Pangasinan, Luzon, P. I., a place then as now, within the theater of military 
operations of the United States forces, in company of and consorting with a band of 
armed outlaws, did, willfully, feloniously, and with malice aforethought, murder and 
kill Eulogio de los Angeles, native, by striking and cutting the said Eulogio de los 
Angeles, with a bolo held in the hand of said Matias Alipio, inflicting wounds 
whereof the said Eulogio de los Angeles then and there died. This at the time and 
place above specified." 

Pleas.— "Not guilty." 

Findings. — Of the specification, "guilty, excepting the words 'with a bolo held in 
the hand of said Matias Alipio,' substituting therefor the words Svith a bolo held in 
the hand of said Matias Cagampan ' and of the excepted words, not guilty, and of the 
substituted words, guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, the said Matias 
Alipio and Matias Cagampan, natives, and each of them, "to be hanged by the 
neck until they are dead, at such time and place as the reviewing authority may 
direct, two-thirds of the members of the commission concurring therein." 

In the foregoing case, it appears that these accused, Matias Alipio and Matias 
Cagampan, consorting with other outlaws, seized, bound, and conveyed to a cocoanut 
grove near Mangatarem, Pangasinan, one Eulogio de los Angeles, and there murdered 
him with bolos. 

No reasonable doubt as to the guilt of these accused arises from the evidence, and 
no mitigating circumstances appears of record. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Mangatarem, Pangasinan, Luzon, P. I., on the eleventh (11th) day 
of October, A. D. 1901, under the direction of the commanding general, Department 
of Northern Luzon. 

II. Before a military commission which convened at Lingayen, Pangasinan, 
Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 154, Headquarters Depart- 
ment of Northern Luzon, June 6, 1901, and of which Maj. Charles A. Williams, 17th 
U. S. Infantry, was president, and First Lieut. Arthur Cranston, 17th U. S. Infantry, 
was judge-advocate, w^ere arraigned and tried Catalino Vergara and Matias Alipio, 
natives. 

Charge. — " Murder. ' ' 

Speciji cation. — "In that they, Catalino Vergara and Matias Alipio, natives, and 
each oi" them, on or about May 10, 1900, a time then as now of insurrection against 
the United States, in or near the barrio of Durongan of the pueblo of Mangatarem, 
Pangasinan, Luzon, P. I. , a place, then as now, within the military jurisdiction of 
the United States, consorting with a band of six (6) , more or less, armed outla-\vs, 
commanded in person by said Matias Alipio and indirectly by said Catalino Vergara, 
did willfully, feloniously, and with malice aforethought, kill and murder one Josefa 
Pacina, native woman, and Inocencio Apair alias Dungdungi, native, by then and 
there striking and cutting the said Josefa Pacina and Inocencio Apair alias Dung- 
dungi, with bolos and talibones, held in the hands of the said Matias Alipio and 
other members of said band, inflicting bodily M'ounds upon the said Josefa Pacina 
and Inocencio Apair alias Dungdungi, from the effects of which wounds the said 
Josefa Pacina and Inocencio Apair alias Dungdungi then and there died. This at 
the time and place above specified." 

Pleas.— "Not guilty." 

Findings. — Catalino Vergara, "not guilty." Matias Alipio, "guilty." 

Sentence. — And the commission does therefore acquit the said Catalino Vergara, 
and sentence the said Matias Alipio, native, "to be hanged by the neck until dead, 
at such place and time as the reviewing authority may direct, two-thirds of the 
members of the commission concurring therein." 

In the foregoing case it appears that the accused, Matias Alipio, in company of 
an armed band of outlaws, of which he was leader, brutally murdered with tali- 
bones, a native woman and a peaceable man. No doubt as to his guilt arises from 
the record. 

The accused, Matias Alipio, being already under sentence of death for other crimes, 
the execution of the sentence herein, which is confirmed, is indefinitely stayed. 

B)'^ command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



254 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, P. L, September 5, 1901. 
General Orders, No. 251. 

Before a military commission which convened at Lingayen, Pangasinan, P. L, 
pursuant to paragraph 7, Special Orders, No. 97, Headquarters Department of North- 
ern Luzon, April 9, 1901, and of which Maj. Daniel H. Brush, Twenty-fifth United 
States Infantry, was president, and Second Lieut. John R. Thomas, jr., Seventeenth 
United States Infantry, was judge-advocate, were arraigned and tried Rafael Garcia, 
Matias Payas, Pedro Liglican, and Matias Blanco, natives. 

Charge I. — "Kidnaping." 

Specification. — " In that Rafael Garcia, Matias Payas, Pedro Liglican, and INIatias 
Blanco, natives, and each of them, on or about October 16, 1900, a time then, as now, 
of insurrection against the lawful authority of the L'nited States, did forcibly and 
against their will and consent lay hold of and carry away from their homes other 
natives to the number of three, viz: Alejo Alinandez, Eulogio (Lucio) Miranda, and 
Julian Brilliante. This in or near the pueblo of Aliminos and the barrio of Namang- 
bangan, of Alaminos, province of Zambales, Luzon, P. I., places then, as now, under 
the militarj'' authority of the United States, at the time above specified." 

Charge II. — "Murder." 

Specification. — In that Rafael Garcia, Matias Payas, Pedro Liglican, and Matias 
Blanco, natives, and each of them, on or about the 16th day of October, 1900, then, 
as now, a time of insurrection against the lawful authority of the Laiited States, 
being armed with revolvers and bolos, did willfully and of malice aforethought kill 
and murder one Julian Brilliante, a peaceable native, by inflicting wounds with a 
bolo or bolos held in the hands of one or more of the said Rafael Garcia, Matias 
Payas, Pedro Liglican, and Matias Blanco, whereof the said Julian Brilliante did 
then and there die. This at or near the barrio of Namangbangan, Alaminos, prov- 
ince of Zambales, Luzon, P. I. , a place then, as now, under the military authority of 
the United States, at the time above specified. 

Pleas. — To the first specification, first charge, "Guilty, with the exception of the 
words 'Alejo Alamandez.' " To the first charge, "Guilty." To the specification, 
second charge, Rafael Garcia and Matias Blanco: "Guilty, with the exception of the 
words 'wounds with a bolo or bolos,' of the excepted words not guilty, substituting 
therefor the words 'blows with a club held in the hand of Matias Blanco,' and 
excepting the words 'Rafael Garcia, Matias Payas, Pedro Liglican and' of the 
excepted words, not guilty; of the substituted words, guilty." 

Matias Payas and Pedro Liglican, "Not guilty." To the second charge, Rafael 
Garcia and Matias Blanco, "Guilty." 

Matias Payas and Pedro Liglican, "Not guilty." 

Findings. — Of the specification, first charge, "Guilty, except of the word 'three,' 
substituting therefor the word 'two,' and except of the words 'Alejo Almandez' of 
the excepted words, not guilty, and of the substituted word, guilt}-." Of the first 
charge, "Guilty." Of the specification, second charge, Rafael Garcia and Matias 
Blanco, "Guilty, except of the words 'and bolos,' and excej^t of the words 'bolo or 
bolos,' substituting therefor the word 'club,' and except of the words 'one or more 
of the said Rafael Garcia, Matias Payas, Pedro Liglican, and ' of the excepted words, 
not guilty, and of the substituted word, guilty." Matias Payas and Pedro Liglican, 
"Not guilty." Of the second charge, Rafael Garcia and Matias Blanco, "Guilty." 

JNIatias Payas and Pedro Liglican, ' ' Not guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Rafael Garcia and 
Matias Blanco, natives, and each of them, "To be hanged by the neck until dead, at 
such time and place as the reviewing authority may direct, two-thirds of the mem- 
bers of the commission concurring therein," and ]Matias Payas and Pedro Liglican, 
natives, and each of them, "To be confined at hard labor at such place as the 
reviewing authority may direct for the period of five years." 

In the foregoing case it appears that these accused, Rafael Garcia, Matias Payas, 
Pedro Liglican, and Matias Blanco, under the direct leadership of accused Garcia, 
who himself claims to have acted under the orders of his chief Ramon Manalang, 
forcibly kidnapped from their homes in the pueblo of Alaminos, Zambales, Alejo 
Almandez, Eulogio (Lucio) Miranda, and Julian Brilliante, and that the last named 
was killed with a club by accused Blanco by order of accused Garcia. 

All of the accused confess in open court their respective parts in the commission 
of these crimes. 

The sentence, approved by the department commander, is confirmed, but in accord- 
ance with his recommendations is commuted as to Rafael Garcia and Matias Blanco, 
to imprisonment at hard labor for the term of the natural life of each of them. As 
thus commuted their sentences, as well as the sentence of Pedro Liglican and Matias 



CHAKGES OF CKUELTY, ETC., TO FILIPINOS. 255 

Payas, will be duly executed at the Presidio de Manila, to which place the prisoners 
will be sent under proper guard. 
Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant A djutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., September o, 1901. 
General Orders, Xo. 252. 

Before a military commission which convened at Echague, Province of Isabela, 
Luzon, P. I., pursuant to paragraph 12, Special Orders, Xo. 121, Headquarters 
Department of Xorthern Luzon, ^lay 3, 1901, and of which Capt. George E. French, 
16th L". S. Infantry, \\as president, and Second Lieut. Charles L. McKain, 16th U. S. 
Infantry, was judge-advocate, was arraigned and tried: Guillermo Castillo, a native. 

Charge. — '' Murder, in violation of the laws of war." 

Speciticatian. — "In that Guillermo Castillo, native Filipino, did, on or about 
August 28, 1900, near the barrio of ^lalapot, pueblo of Cordon, Province of Isabela, 
Xorthern Luzon, P. I., in company of and consorting with a band of armed outlaws, 
names and number unknown, in time of insurrection against the L'nited States and 
in territory occupied by L^nited States troops, wilfully, feloniously, and with malice 
aforethought, kill and murder Benito Bernal, native lieutenant of the municipal 
police of Cordon, established by the United States, by cutting and stabbing him 
with bolos held in the hands of said band, inflicting wounds whereof the said Bernal 
then and there died. This at the time and place above specified.'" 

Plea.— "Xot guilty." 

Finding. — " Guilty." 

Sentence. — And the commission does, therefore, sentence him, Guillermo Castillo, 
native, " To be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case it appears that this accused Guillermo Castillo, in company 
of another, was discovered in the act of murdering Benito Bernal, lieutenant of 
native police of Cordon, organized by the Ignited States Government. Full proof of 
his guilt appears of record and no mitigating circumstance suggests modification of 
the conclusion of the commission. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at Echague, Isabela, Luzon, P. I., on the 25th day of October, A. D. 
1901, under the direction of the commanding general, department of Xorthern Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., September 5, 1901. 
General Orders, Xo. 253. 

Before a military commission which convened at Pozorrubio, Pangasinan, Luzon, 
P. L, pursuant to paragraph 5, Special Orders, Xo. 159, Headquarters Department 
of Xorthern Luzon, June 11, 1901, and of which Cai)t. James B. Goe, 13th L'. S. 
Infantry, was president and First Lieut. Alexander ]\L Weatherill, 13th U. S. Infan- 
try, was judge-advocate, were arraigned and tried Hilario Buscainaand Catalino Bel- 
modes, natives. 

Charge I. — "Kidnaping." 

Specijicati(jn. — "In that they, Hilario Buscaina and Catalino Belmodes, natives, and 
each of them, in company of and consorting with a band of outlaws, ten (10), more 
or less, in number, and armed Avith bolos, did forcibly seize, l)ind. and carry away 
from his house, against his will, one Felix Fernandez, native. This at INIanaoag, 
Pangasinan, Luzon, P. I., on or al)(jut the 2d day of January, 1900, a time and place 
then, as now, in insurrection against the L'nited States Government and under the 
militarv authoritv of the L^nitecl States." 

Charge II.— "'Murder." 

Specification. — "In that Hilario Buscaina and Catalino Belmodes, natives, and each 
of them, in company of and consorting with a band of outlaws ten (10), more or less, 
in number, and armed with bolos, did willfully, feloniously, and with malice afore- 
thought, kill and murder Felix Fernandez, native, by cutting and stabbing him, the 



256 CHAKGES OF CEUELTY, ETC., TO FILIPINOS. 

said Felix Fernandez, with bolos held in the hands of said outlaws, inflicting wounds 
therewith whereof he, Felix Fernandez, then and there died. This at Manaoag, 
Pangasinan, Luzon, P. I., on or about the 2d day of January, 1900, a time and place 
then, as now, in insurrection against the United States Government and under the 
military authority of the United States." 

Plea.— "Not guilty." 

FixDiNG. — " Guilty." 

Sextence. — And the connnission does therefore sentence them, Hilario Buscaina 
and Catalino Belmodes, natiyts, and each of them "To be confined at hard labor, at 
such place as the reviewing authority may direct, for a period of twenty (20) years." 

In the foregoing case it appears that these accused, Hilario Buscaina and Catalino 
Belmodes, in company of an armed band, forcibly seized in his house, bound, and 
carried away one, Felix Fernandez, at Manaoag, Pangasinan, about January 2, 1900. 
Three days later the beheaded trunk of deceased, bound as when last seen in life, 
was found in the vicinity. 

The inferential though convincing evidence as to the participation of these 
accused in this barbarous murder suggests a more severe penahv^ than that imposed 
by the commission. 

Though deemed inadequate, the sentence, approved by the department com- 
mander, is confirmed, and will be duly executed at the Presidio de Manila, to which 
place the prisoners will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. I., September 7, 1901. 
General Orders, No. 257. 

Before a military commission which convened at Lingayen, Pangasinan, Luzon, 
P. I., pursuant to paragraph 1, Special Orders, No. 193, Headquarters Department of 
Northern Luzon, Julj' 16, 1901, and of which Maj. Charles A. Williams, Seventeenth 
L'nited States Infantry, was president and First Lieut. Arthur Cranston, Seventeenth 
United States Infantry, was judge-advocate, was arraigned and tried Eugenio Ordona, 
a native. 

Charge I. — "Kidnaping." 

Specification. — "In that he, Eugenio Ordona, native, in company of and consorting 
with armed men, ten, more or less, in number, did feloniously seize, bind, and forci- 
bly conduct away from his home, against his will, one Domingo Frias. This at or 
near the sitio of Bocboc, pueblo of Aguilar, province of Pangasinan, P. I., a place 
then, as now, in the theater of military operations and under the military authority 
of the L^nited States, during the month of December, 1899, a time then, as now, of 
insurrection against the United States." 

Charge II. — " Forcible abduction. ' ' 

Specification. — "In that he, Eugenio Ordona, native, in company of and consorting 
with armed men, ten, more or less, in number, did feloniously, forcibly, and against 
her will, seize and conduct away from her home one Hermenegilda Sacareas, native 
woman, and her child, name unknown. This at or near the sitio of Bocboc, pueblo 
of Aguilar, province of Pangasinan, P. I., a place then, as now, in the theater of 
military operations and under the military authority of the United States, during the 
month of December, 1899, a time then, as now, of insurrection against the United 
States." 

Charge III.— "Murder." 

Specification. — "In that he, Eugenio Ordona, native, in company of and consorting 
with armed men, ten, more or less, in number, did willfully, feloniously, and with malice 
aforethought, kill and murder one Domingo Frias, native, by shooting him with a rifle 
held in the hands of the said Eugenio Ordona, inflicting wounds therewith whereof 
the said Frias then and there died. This at or near the barrio of Bani, pueblo of San 
Carlos, province of Pangasinan, P. I., a place then, as now, in the theater of mili- 
tary operations and under the military authority of the United States, during the 
month of December, 1899 a time then, as now, of insurrection against the United 
States." 

Plea.— "Not guilty." 

FixDiNG. — "Guilty." 

Sextence. — And the commission does therefore sentence him, the said Eugenia 
Ordona, native, ' ' To be confiiied at hard labor, at such place as the reviewing authority 
mav direct, for the remainder of his natural life." 



CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 25.7 

In the foregoing case it appears that this accused, Eiigenio Ordona, in company of 
an armed band of outlaws, forcibly kidnaped from his house at Bocboc, Aguilar, 
Pangasinan, one Domingo Frias, abducted his wife, Hermenegilda Sacareas, and a 
child, and subsequently killed said Frias with a rifle shot, discharged by accused. 

The sentence, approved by the department commander, is confirmed, his remark 
that the sentence is deemed inadequate being fully concurred in. 

The sentence will be duly executed at the Presidio de Manila, to which place the 
prisoner will be sent under proper guard. 

Bv command of Maior-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. 7., Sejjtember 7, 1901. 
General orders, Xo. 258. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 1, Special Orders, Xo. 236, Headquarters Provost-Marshal-General (Separate 
Brigade, Provost Guard), December 13, 1900, and of which Col. William S. 
3IcCaskey, 20th U. S. Infantry, was president and Second Lieut. C. Stuart Patterson, 
6th U. S. Artillery was judge-advocate, was arrigned and tried Mariano Barrado, a 
native. 

Charge. — "Murder." 

Specification. — "In that Mariano Barrado, native, on or about November 27, 1900; 
then as now, a time of insurrection, in the city of Manila, a place then, as now, 
under the military government of the United States, willfully, feloniously and with 
malice aforethought, did kill and murder one Anastasio Alvarado, native, by stab- 
bing him with a knife, in the hands of him, the said Mariano Barrado, then and there 
had and held, inflicting thereby wounds whereof he, the said Anastasio Alvaradq, 
died on or about December 1, 1900." 

Plea.— "Xot guiltv." 

FixDixG.— "Guilty." 

Sextexce. — And the commission does therefore sentence him, the said Mariano 
Barrado, native, "To be hanged by the neck until he shall be dead, at such time and 
place as the reviewing authority may direct two-thirds of the members of the com- 
mission concurring. ' ' 

In the foregoing case, it appears that this accused, Mariano Barrado, about Nov- 
ember 27, 1900, in the city of 3Ianila, stabbed with a knife, in the abdomen, one 
Anastasio Alvarado, from the effects of which the latter died about December 1, 190Q. 
at the San Juan de Dios Hospital, Manila. 

The deed appears to have been committed in the heat of an altercation with a 
minor degree of premeditation. 

The sentence, approved by the convening authority, is confirmed, but in accordance 
with his recommendation is commuted to imprisonment at hard labor for the period 
of the natural life of the accused. The sentence, as thus commuted, will be duly ex- 
ecuted at the Presidio de Manila, to which place the prisoner will be sent under 
proper guard. 

Bv Command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General 



Headquarters Divisiox of the Philippixes. 

Manila, P. I., September 7, 190 L 
General Orders Xo. 259. 

Before a military commission which convened at Biiian, Laguna, Luzon, P. I., 
pursuant to paragraph 12, Special Orders, Xo. 180, Headquarters Department of 
Southorn Luzon, June 29, 1901, and of which Major Henry C. Danes, Artillery Corps, 
U. S. A., was president and 2d Lieutenant Ernest E. Allen, Artillery Corps, tl. S. A., 
was judge-advocate, was arraigned and tried: Eulogio Alomia, alias Toyo, a nativa 

Charge I. — "Kidnapping." 

Specification. — "In that he Eulogio Alomia, alias Toyo, native, did, in the pueblo 
of Binan, Province of Laguea, Luzon, P. I., then as now, occupied by United States 
troops, at a time, then as now, of insurrection, in company with other natives, unlaw- 
fully, by force and with intent to do bodily harm, kidnap and carry away ^Mateo 
Carabo, native. This in the pueblo of Biiian, Laguana Province, on or about Julv 8. 
1900." ' ' ' 

S. Doc. 205, pt 2 17 



258 CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 

Charge II.— "Murder." 

Specification. — "In that he, Eulogio Alomia, aUas Toyo, native, on or about July 8, 
1900, then as now, a time of insurrection, at or near Binan, Province of Laguna, 
Luzon, P. I., a place then, as now, under the military government of the United 
States, did wilfully, feloniously, and with mahce aforethought, kill and murder one 
Mateo Carabo, native, by stabbing him, the said ]Mateo Carabo, inflicting thereby 
wounds whereof he, the said Mateo Carabo, then and there died." 

Plea.— "Xot guilty." 

Finding. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Eulogio Alomia, 
alias Toyo, native, "To confinement' at hard labor, at such place as the reviewing 
authority may direct, for the period of twenty (20) years." 

In the foregoing case it appears that this accused, Eulogio Alomia, alias Toyo, at 
the pueblo of Biiian, Province of Laguna. P. I., about July 8, 1900, kidnapped from 
his house one Mateo Carabo, and thereafter killed him with a dagger. It further 
appears that accused was one of the official executioners appointed by and acting 
under the orders of Lieut. Col. Eustacio Castelltor, but the crime was not committed 
in the immediate presence of said Castelltor and it does not appear that accused had 
not ample opportunity to avoid obedience to this illegal order and seek protection 
from the American authorities. 

As illustrative of the methods pursued by his superior officers, the following quo- 
tation is taken from a written confession of the accused, made in the presence of wit- 
nesses, prior to his trial and admitted by him on his trial to be true and correct : "I 
carried a letter of authorization "^ * ^ to act as a special agent, which means 
authority to commit murder. Each time a murder was ordered, a letter was sent to 
one of (above named) four men, by one of the chiefs, (naming them). Afterwards 
the letter was taken up and burned * * * . If a man did not pay his contribu- 
tion to the insurgent collector he was ordered to be killed. ' ' This confession is so 
in line with numberless well established cases that its substantial truth may be 
accepted with little doubt. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which the prisoner will be sent under 
proper guard. 

Bv Command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, September, 9, 1901. 
General Orders, Xo. 261. 

Before a military commission, which convened at Manila, P. I. , pursuant to par- 
agraph 13, Special Orders, Xo. 101, Headquarters Department of Southern Luzon, 
April 11, 1901, and of which Major George C. Greenough, Artillery Corps, was presi- 
dent, and Captain Palmer E. Pierce, 8th U. S. Infantry, was judge-advocate, were 
an-aigned and tried: 

I. Ciriaco Rivilleza, a native. 
Charge. — "Murder." 

Specification. — "That Ciraco Ri^T.lleza, a Filipino, in company of and consorting 
with a band of outlaws, to the number of four, more or less, armed with guns and 
bolos, did wilfully, feloniously and with malice aforethought, murder and kill one 
Marcelo Gasal, a native policeman of the pueblo of Los Banos, Province of Laguna 
de Bay, Luzon, P. I., a place then as now under the military occupation and govern- 
ment of the L'nitecl States, by cutting the said Marcelo Gasal with a bolo held in the 
hands of the said Ciriaco Rivilleza and of his companions, to the number of four, 
more or less, inflicting wounds therewith whereof the said Marcelo Gasal then and 
there died. This in time of insurrection against the lawful authority of the United 
States, in or near the barrio of San Antonio, pueblo of Los Bahos, Province of 
Laguna de Bav, Luzon, P. L, on or about the 18th dav of March, 1900." 

Plea.— "Xot guilty." 

Finding. — Of the ' specification, "guilty, except the words 'guns and'; of the 
excepted words not guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Ciriaco Rivilleza. 
native, "To be hung by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

II. Mariano Belarmino, a native. 



CHAEGES OF CRUELTY, ETC. , TO FILIPINOS. 259 

Charge I.— "Murder." 

Specification. — "That on or about Mai^ch 18, 1900, then as now a tmie of insurrec- 
tion, in the barrio of San Antonio, pueblo of Los Banos, Province of Laguna de Bay, 
Luzon, P. L, a place then, ae now, under the military occupation and government of 
the United States, one Mariano Belarmino, a Filipino and a resident of the said 
Province of Laguna de Bay, in comj^any of and consorting with other natives, to the 
number of four, more or less, armed with guns and bolos, did feloniously, wilfully 
and with malice aforethought, kill one Marcelo Gasal, a native policeman of the 
aforesaid pueblo of Los Baiios, P, L, by cutting the said Marcelo Gasal, with a bolo 
held in the hands of the said Mariana Belarmino, and of his companions, to the 
number of four, more or less, then and there inHicting upon the said ]\Iarcelo Gasal, 
wounds and cuts by reason of which the said Marcelo Gasal, then and there died." 

Charge II. — "Larceny." 

Specification. — "That on or about April 29, 1901, a time of insurrection, then as 
now, against the lawful authority of the United States, at the barrio of Maajas, 
Municipio of Los Banos, Province of Laguna de Bay, Luzon, P. I., a place, then, as 
now, in the theater of active military operations, one Mariano Belarmino, a Filipino, 
did take, steal, and remove one horse, valued at 840.00 Mexican, the property of one 
Isaac Lapitan, a native resident of the aforesaid barrio of Maajas, Municipio of Los 
Baiios, P. I., appropriating the said horse to his own use and benefit." 

Plea.— "Not guilty." 

Finding. — Of the specification, 1st charge, "Guilty except the words 'guns and' 
and ' held in the hands of the said Mariano Belarmino, and of his companions to 
the number of four more or less', of the excepted words, not guilty." Of the 1st 
charge, "guiltv." Of the specification, 2d charge, "guilty." Of the 2d charge, 
*' guilty." 

Sentence. — And the commission does therefore sentence him, the said Mariano 
Belarmino, native, " to be hanged by. the neck until dead, at such time and place as 
the reviewing authority may direct, two-thirds of the commission concurring 
therein." 

In the foregoing cases it appears that these accused, Ciriaco Rivilleza and Mariano 
Belarmino, in company of a band of outlaws, laid in ambush for the approach of a 
patrol of three native policemen, of whom deceased was one, and on the approach 
of this patrol sprang out and captured deceased, Marcelo Gasal. A few days after- 
wards the body of deceased was found in a neighboring river, weighted with a heavy 
rock and containing many wounds, one through the heart and one in the neck. 

The evidence fully sustains the charges and specifications, and no reasonable doubt 
arises as to the guilt of these accused. The murder w^as a brutal one, and no mit- 
igating circumstance appears of record. 

The sentences, approved by the department commander, are confirmed, and will 
be duly executed as against Ciriaco Rivilleza and Mariano Belarmino, and each of them, 
at Manila, Luzon, P. I., on the eighteenth (18th) day of October, A. D. 1901, under 
the direction of the commanding ofiicer, post of Manila. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., September 9, 1901. 
General Orders, No. 263. 

Before a military commission which convened at San Fernando, Union, Luzon, 
P. I., pursuant to paragraph 9, Special Orders, No. 143, Headquarters Department of 
Northern Luzon, May 25, 1901, and of which Lieutenant Colonel Sanmel M. Swigert, 
13th U. S. Cavalry, was president, and Captain Edward Sigerfoos, 5th U. S. Infantry, 
was judge-advocate, were arraigned and tried: Vicente Baldonade, Siriaco Ordinarib, 
Nicolas Gumbua, Ygnacio Noses, Pedro Reyes, Ysabelo DeSesto, and Eusebio 
DeSesto, natives. 

Charge. — " Murder. ' ' 

Specification. — "In that Vicente Baldonade, Siriaco Ordinario, Nicolas Gumbua, 
Ygnacio Noses, Ysabelo DeSesto, Pedro Reyes, and Eusebio DeSesto, natives, did 
wilfully, feloniously and with malice aforethought, kill and murder Eusebio Mon 
and Catalina Marica, wife of Euse))io ]\Ion, natives, by cutting the throats of the said 
Eusebio Mon and Catalina ^Nlarica with a bolo or other sharp instrument, from which 
act the said Eusebio Mon and Catalina Marica did then and there die. This in time 
of insurrection, on or about the 26th day of May, 1900, and in a place occupied by 



260 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

the military forces of the United States, to wit: in the barrio of Eising, district of 
Bangar, Province of Union, P. I." 

Pleas. — Pedro Reyes, "Xot guilty." Vicente Baldonade, Siriaco Ordinario, 
Nicolas Gunibua, Ygnacio Noses, Ysabelo DeSesto, and Eusebio DeSesto, "to the 
specification, guilty, except the words, 'wilfully, feloniously, and with malice afore- 
thought' and the words, 'and murder,' to the excepted words, not guilty." To the 
charge, "not guilty." 

Findings. — Of the specification, "Guilty, except the words, 'the throats of of the 
excepted words, not guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence the said Vicente Baldo- 
nade, Siriaco Ordinario, Nicolas Chimbua, Ygnacio Noses, Ysabelo DeSesto, and 
Eusebio DeSesto, and each of them, "to be hung by the neck until dead, at such 
time and place as the reviewing authority may designate, two-thirds of the members 
of the commission concurring therein," and the commission does sentence the said 
Pedro Reyes, ''to be confined at hard labor at such place as the reviewing authority 
may designate for the period of his natural life." 

In the foregoing case it appears that these accused, Vicente Baldonade, Y^gnacio 
Noses, Siriaco Ordinario, Pedro Reyes, Nicolas Gumbua, Y'sabelo DeSesto, and 
Eusebio DeSesto, composing an armed band of outlaws, forcibly seized an aged native, 
Eusebio ^lon and his wife, Catalina Marica, and carried them off into the country. 

The evidence as well as the admissions of some of these accused, show that the 
deceased were wantonly murdered because suspected of friendliness to the Americans. 

The sentence, approved by the department commander, is confirmed, but in 
accordance with his recommendation is commuted as to Siriaco Ordinario, Nicolas 
Gumbua, Y^gnacio Noses, Y^sabelo DeSesto and Eusebio DeSesto, to imprisonment at 
hard labor for the period of the natural life of each of them, and as thus commuted 
will be duly executed, as also the sentence against Pedro Reyes, at the Presidio de 
^Manila, to which they and each of them will be sent under proper guard. 

The sentence as against the accused Vicente Baldomade, will be duly executed at 
Bangar, Province of Union, Luzon, P. I., on the 1st day of November, A. D. 1901, 
under the direction of the commanding general, Department of Northern Luzon. 

Bv command of Major General Chafiee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, September 9, 1901. 
General Orders, No. 265. 

Before a military commission which convened at Malabon, Province of Manila, 
P. I., pursuant to paragraph 5, Special Orders, No. 156, Headquarters Department of 
Northern Luzon, June 8, 1901, and of which Major William H. Cook, surgeon, U. S. 
Volunteers, was president, and First Lieut. Paul Giddings, battalion adjutant, 3rd 
V. S. Infantry, was judge-advocate, were arraigned and tried: Pio de Castro and 
Dionicio de la Cruz, natives. 

ChakCtE. — " Murder. ' ' 

Specification. — "In that Pio de Castro and Dionicio de la Cruz, natives, and each 
of them, did, wilfully, feloniously, and with malice aforethought, kill and murder 
one Juan Salvador, native, sailor on the U. S. gunboat Charleston, by stabbing him 
with a dagger held in the hands of the said Pio de Castro, whereby wounds were 
infiicted whereof the said Juan Salvador then and there died; the said Dionicio de 
la Cruz being then and there present actively aiding and abetting the said Pio de 
Castro." "This at barrio Gatboca of Caiumpit, P. I., in territory occupied by United 
States troops, on or about the 11th davof Mav, 1901, in time of insurrection." 

Pleas.— "Not guilt v." 

Findings.— " Guilty." 

Sentence. — And the commission does therefore sentence them, the said Pio de 
Castro and Dionicio de la Cruz, natives, and each of them, "to be hanged by the 
neck until dead, at such time and place as the reviewing authority may direct, two- 
thirds of the commission concurring therein." 

In the foregoing case it appears that these accused, Dionicio de la Cruz and Pio de 
Castro, about INIay 11, 1901, at barrio Gatboca, Caiumpit, seized, bound, and con- 
veyed to the fields, one Juan Salvador, a native sailor of the V. S. gunboat Charleston. 
There, Avhile the victim was held by De la Cruz, he was stabbed repeatedly in the 
stomach and abdomen by De Castro, who literally obeyed De la Cruz's order to "cut 
out the intestines of deceased." 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 261 

Many eyewitnesses testify to the perpetration and details of this savage and revolt- 
ing crime. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed against these accused, and each of them, at Calumpit, Province of 
Bulacan, Luzon, P. I., on the 25th day of October, A. D. 1901, under the direction of 
the commanding general, Departmcmt of Northern Luzon. 
Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquarters Division of the Philippines. 

Manila, P. I., September 9, 1901. 
General Orders, Xo. 266. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 8, Special Orders, Xo. 170, Headquarters Department of Southern Luzon, June 
19, 1901, and of which Lieut. Col. Allen Smith, 1st U.S. Cavalry, was president, and 
Capt. Palmer E. Pierce, 13th U. S. Infantry, was judge-advocate, were arraigned and 
tried : 

I. — Roberto Villorente, native. 

CharctE. — " Murder. ' ' 

Specification. — " In that Roberto Villorente, a native, did feloniously, willfully, and 
with malice aforethought kill and murder Isidra Salud, a native woman, by shooting 
her in the leg with a shotgun loaded with buckshot and held in the hands of the 
said Roberto Villorente, from the effects of which the said Isidra Salud thereafter 
died on or about the 2d day of June, 1901. This in time of insurrection and in the 
town of Xovaleta, province of Cavite, a place under the military government of the 
United States, on or about the 2d day of June, 1901." 

Plea. — To the specification, "guilty, except of the words 'feloniously, willfully, 
and with malice aforethought,' and of the word ' murder,' substituting for the former 
words, 'accidentallv.' " To the charge, "not guiltv." 

FixDixG.— " Guilty. ' ' 

Sextexce. — And the commission does therefore sentence him, the said Roberto 
Villorente, native, "To be hanged by the neck until dead, at such time and place as 
the reviewing authority may direct,' two-thirds of the members of' the commission 
concurring therein." 

In the foregoing case, it appears that this accused, Roberto Villorente, a native 
policeoian at Xovaleta, Cavite, Luzon, shot and killed with a shotgun loaded with 
buckshot a woman, Isidra Salud, to whom he had been paying attentions, which 
had been rejected. The killing, as charged, is fully established by direct evidence 
and the admission of accused, and the motive convincingly shown by inferential and 
by direct and conclusive testimony. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Manila, P.' I., on the eighteenth (18th) day of October, A. D. 1901, 
under the direction of the commanding officer, post of Manila. 

II. — Pio Orasco, alias Pio Arrosco, Francisco Raymondo, alias Sergeant Kiko, and 
Patricio San Augustin, natives. 

Charge. — " Robbery. ' ' 

Specification. — "In that they, Pio Orasco, alias Pio Arrosco, Francisco Raymondo, 
alias Sergeant Kiko, and Patricio San Augustin, natives, and each of them, at Singa- 
lon, Manila, P. L, a place, then as now, under the military government of the L^nited 
States, on or about the 21st day of September, 1899, a time, then as now, of insurrec- 
tion against the lawful authority of the United States, in company and consorting 
with a band of armed outlaws, whose names are unknown, did feloniously j)ut one 
Eleuteria Custodio in bodily fear and danger of her life, and twenty-seven dollars 
(S27.00), Mexican currency, from and the property of the said Eleuteria Custodio did 
forcibly and feloniously take, steal, and carry away." 

Charge IL — "Kidnaping." 

Specification. — "In that they, Pio Orasco, alias Pio Arrosco, Francisco Raymondo, 
alias Sergeant Kiko, and Patricio San Augustin, natives, and each of them, at Singa- 
lon, Manila, P. L, a place, then as now, under the military government of the United 
States, on or about the 21st day of September, 1899, a time, then as now, of insurrec- 
tion against the lawful authority of the United States, in company and consorting 
with a band of armed outlaws, whose names are unknown, did forcibly and feloni- 
ously seize, take, and carry away, against his will Inocencio x\ngjoco, alias Inocencio 
Ongjoco." 



262 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Charge. — "Murder." 

Specification. — " In that they, Pio Orasco alias Pio Arrosco, Francisco Raymondo- 
alias Sergeant Kiko, and Patricio San Augustin, natives, and each of them, at or 
near Singalou, Manila, P. I., a place then, as now, under the military government 
of the United States, on or about the 21st day of September, 1899, a time, then as 
now, of insurrection against the lawful authority of the United States, in company 
and consorting with a band of armed outlaws, whose names are unknown, did 
wilfully, feloniously, and with malice aforethought, kill and murder Inocencio Angjoco- 
alias Inocencio Ongjoco, by striking him, and causing the said outlaws to strike him, 
the said Inocencio Angjoco alias Inocencio Ongjoco, with dangerous weapons, the 
description of which weapons is unknown, then and there had and held in the 
hands of them, the said Pio Orasco alias Pio Arrosco, Francisco Raymondo alias Ser- 
geant Kiko, and Patricio San Augustin, and each of them, and in the hands of the 
said outlaws, respectively, inflicting wounds therewith upon the person of the said 
Inocencio Angjoco alias Inocencio Ongjoco, whereof he, the said Inocencio Angjoco 
alias Inocencio Ongjoco, then and there died." 

Pleas. — '' Xot guilty." 

Findings. — Pio Orasco alias Pio Arrosco and Francisco Raymondo alias Sergeant 
Kiko, and each of them, "' guilty." Patricio San Augustin, "not guilty." 

Sextexce. — And the commission does, therefore, sentence them, Pio Orasco alias 
Pio Arrosco and Francisco Raymondo alias Sergeant Kiko, natives, and each of them, 
"to be hanged by the neck until they are dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein." 

And the commission does therefore "acquit" him. the said Patricio San Augustin, 
native. 

In the foregoing case, it appears that these accused, Pio Orasco and Francisco Ray- 
mondo, in company of a band of armed outlaws, about September 21, 1899, at Singa- 
lon, Manila, surrounded the house of Inocencio Angjoco, seized, bound, and kidnaped 
him, beat and robbed his wife of S27.00, and conveying the husband to an isolated 
spot, there stabbed and cut him to death. 

The accused, Patricio San Augustin, has been released from confinement. 

The sentence against Pio Orasco and Francisco Raymondo, approved by the depart- 
ment commander, is confirmed, and will be duly executed at Manila, P. I., on the 
eighteenth (18th) day of October, A. D. 1901, under the direction of the command- 
ing ofiicer, post of Manila. 

Bv command of Major-General Chaffee: 

^y. p. Hall, 
Assistant Adjutant- General. 



Headquarters Divisiox of the Philippines, 

Manila, P. I., September 13, 1901. 
General Orders, Xo. 273. 

I. Before a military commission which convened at Manila, P. I., pursuant to 
paragraph 3. Special Orders, Xo. 103, Headquarters Provost -Marshal-General (Sep- 
arate Brigade, Provost Guard), May 7, 1901, and of which Maj. Henry B. McCoy, 
44th Infantry, U. S. Volunteers, was president and Captain AA^arren H. Ickis, 36th 
Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried Maxemino 
Antiporda, native. 

CharctE. — "Murder." 

Specification. — "In that he, Maxemino Antiporda, a native, on or about the 16th 
day of September, 1900, a time, then as now, of insurrection against the lawful 
authority of the United States, at Manila, Luzon, P. I., a place, then as now, occu- 
pied by the troops of the United States, in company and consorting with Rafino de 
Guzman, alias Rufino de (ruzman, alias Modesto Santos y Rosario, and other outlaws 
whose names are unknown, did willfully, feloniously, and with malice aforetliought 
kill and murder a certain native, whose name is unknown, by striking him, the said 
certain native, Avith dangerous weapons, the exact description of which are unknown, 
then and there had and hekl in the hand of him, the said Maxemino Antiporda, and 
in the hands of the said Rafino de Guzman, alias Rufino de Guzman, alias Modesto 
Santos y Rosario, and of the said outlaws, inflicting wounds therewith on the person 
of the said certain native whereof he, the said certain native, then and there died." 

Plea.— "Not guilty." 

Findings. — "Guilty." 

Sentence. — And the commission does therefore sentence him. Maxemino Anti- 
porda, a native, "to be hanged by the neck until he be dead, at such time and place 



CHARGES OF CRUELTY, ETC., TO FILIPHSTOS. 263 

as the reviewing authority may direct, two-thirds of the commission concurring 
therein." 

II. Before a miUtary commission which convened at Manila, P. I., pursuant to 
paragraph 3, Special Orders, No. 103, Headquarters Provost-Marshal-General (Sep- 
arate Brigade, Provost Guard), May 7, 1901, and of which Maj. Henry B. McCoy, 
44th Infantry U. S. Voluteers, was president and First Lieut. Carroll Power, 33d 
Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Eafino de 
Guzman, alias Pufino de Guzman, alias Modesto Santos y Rosario, native. 

Charge. — ' ' Murder. ' ' 

Specification.— ^' In that he, Eafino de Guzman, alias Rufino de Guzman, alias 
Modesto Santos y Rosario, native, on or about the 16th day of September, 1900, a 
time, then as now, of insurrection against the lawful authority of the United States, at 
Manila, Luzon, P. L, a place then, as now, occupied by the troops of the United States, 
did willfully, feloniously, and with malice aforethought kill and murder a certain 
native, whose name is unknown, by striking him, the said certain native, with a 
dangerous weapon, the exact description which is unknown, then and there had and 
held in the hand of him, the said Rafino de Guzman, alias Rufino de Guzman, alias 
Modesto Santos y Rosario, inflicting wounds therewith upon the person of the said 
certain native whereof he, the certain native, then and there died. ' ' 

Plea.— "Not guilty." 

FiNDiNCx.— ''Guilty." 

Sentence. — And the commission does therefore sentence him, the said Rafino de 
Guzman, alias Rufino de Guzman, alias Modesto Santos y Rosario, "to be hanged 
by the neck until dead, at such time and place as the reviewing authority may direct, 
two-thirds of the members of the commission concurring therein." 

In the foregoing cases of Maxemino Antiporda and Rufino de Guzman, it appears 
that these two accused, in company of others, killed and murdered an unknown 
native, accused by them of being an American spy, and caused the body to be buried 
near the scene of the murder, after first beheading the same. The crime was perpe- 
trated in the city of Manila about September 16, 1900, and the evidence leaves no 
reasonable doubt of the guilt of these accused. 

The sentences approved by the convening authority are confirmed, but, upon his 
recommendation of clemency, are commuted to imprisonment at hard labor for the 
period of the natural life of each. As thus commuted, the sentences will be duly 
executed at the Presidio de Manila, to which place these prisoners, and each of therOj 
will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General 



Headquarters Division of the Philippines, 

Manila, P. L, Septeniher 12, 1901. 
General Orders, No. 274. 

Before a military commission, which convened at IManila, P. I., pursuant to par- 
agraph 8, Special Orders, No. 170, Headquarters Department of Southern Luzon, 
June 19, 1901, and of which Lieutenant-Colonel Allen Smith, 1st U. S. Cavalry, was 
president and Captain Palmer E. Pierce, 13th LT. S. Infantry, was judge-ad vocatej 
was arraigned and tried Simplicio Tolentino, a native. 

Charge.— "Murder." 

Specification. — "In that he, Simplicio Tolentino, native of Taguig, P. I., on or 
about May 8, 1900, then as now, a time of insurrection, at or near the barrio of 
Hagonoy, pueblo of Taguig, province of Manila, island of Luzon, P. I., a place then 
as now, under the military government of the United States, did wilfully, feloniously 
and with malice aforethought, bury alive one Connnandante Eusebio Madina, or 
Ison, a native of Pateros, P. I., who then and there died from suffocation, said Sim- 
plicio Tolentino covering or assisting in covering said Madina or Ison with dirt. This 
on or about the time and place specified." 

Plea. — To the specification, "Guilty, except the words ' wilfully, feloniously, and 
with malice aforethought." To the charge, "Not guilt v." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Simplicio Tolentino, 
native, "To be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein." 

In the foregoing case of Simplicio Tolentino, the accused on the witness stand 



264 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

said, concerning the killing of Eusebio Madina, "It was ordered by the gen- 
eral. I could not refuse, because according to the report of the people he was a very 
bad man, a ladrone, a robber, and if he did not get any money from the richest 
men he used to come and try to kill them. Whenever he saw a young girl he used 
to go around and assault her. He was a robber of what came down from the lake. 

* ^ -x- '■£\^Q order was received during my hiding. I buried it in the ground and 
the water ruined it. * * ^ A good many people were present at the execution. 

* * ^ General Pilar gave me the order while he was in Manila. He himself 
gave it to me. * * * At the grave I spoke to the people and advised them not 
to be as he (deceased) was, a ladrone, a robber, and assaulter." The accused fur- 
ther testified that the deceased had been tried in the mountains "about five months 
before he was killed; that he was present at the trial, but that the deceased was not 
present; that the ofiicer who presided at the trial was killed, and General Pilar was 
exiled." 

There is some corroboration of the reputed bad character of the deceased, but no 
single overt act was traced to his hand by the defense. Critically considered, the 
evidence contains little more than malicious imputations upon the character of the 
dead man. 

The evidence is by no means conclusive that the deceased was executed in pur- 
suance of a judgment passed upon him by other than the accused, and in accordance 
■ with the summary methods of irresponsible insurgent chiefs. Judged by the stand- 
ards of procedure of civilized men, there was, in fact, no trial. Still, were it not for 
the barbarous method of killing by burial alive that the accused resorted to, and 
which can not receive even the color of sanction of official action, there would be 
less reluctance in extending clemency. Both he who orders and he who executes 
so barbarous a crime deserves the severest penalty. 

The sentence, confirmed by the department commander, is confirmed, but upon 
his recommendations, is commuted to imprisonment at hard labor for the period of 
twenty years. As thus commuted, the sentence will be duly 'executed at the Presidio 
de Manila, to Avhich place the prisoner will be sent under proper guard. 

Bv command of Major-general Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., September 12, 1901, 
General Orders, Xo. 275. 

I. Before a military commission which convened at San Fernando, L^nion, Luzon, 
P. I., pursuant to paragraph 15, Special Orders, Xo. 197, Headquarters Department 
of Northern Luzon, July 20, 1901, and of which Major George P. Borden, 5th U. S. 
Infantry, was president, and Captain Edward Sigerfoos, 5th \J. S. Infantry, was judge- 
advocate, were arraigned and tried: Leon Obras, Emeterio Peralta, Domingo Orate, 
Alejandro Yiloria, Francisco Lopez, Guillermo Mundo, Geronimo Orine, natives. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Leon Obras, Emeterio Peralta, Domingo Orate, Alejandro 
Viloria, Francisco Lopez, Guillermo Mundo, and Geronimo Orine, natives, and each 
of them, did, feloniously, wilfully, and with malice aforethought, kill and murder 
one Hilario Olito, native, by cutting and stabbing the said Hilario Olito with a bolo, 
or other sharp instrument from which the said Hilario Olito did then and there die. 
This during a time of insurrection, in the month of May, 1900, and at a place occu- 
pied by the military forces of the United States, to wit, near the Eancheriaof Padayao, 
Balaoan, Province of Union, P. I." 

Pleas. — To the specification, "Guilty, except the words, 'feloniously, wilfully, 
and with malice aforethought,' and the words 'and murder.' " To the charge, "Not 
guilty." 

Findings. — Leon Obras, Emeterio Peralta, and Domingo Orate: "Guilty." 

Alejandro Vilori?, Francisco Lopez, Guillermo Mundo, and Geronimo Orine, of the 
specification: "Guilty, except the words 'and with malice aforethought' of the 
excepted words, not guilty." 

Of the charge: "Guilty." 

Sentence. — And the commission does therefore sentence Leon Obras and Emeterio 
Peralta and each of them, "To be confined at hard labor at such place as the review- 
ing authority may direct for a period of twenty years." 

And the conmli^^sion does therefore sentence Domingo Orate, "To be hung by the 
neck until dead, at such time and place as the reviewing authority may direct, two- 
thirds of the members concurring; therein." 



CHAEGES OF CRUELTY, ETC., TC FILIPINOS. 265 

And the commission does therefore sentence Alejandro Yiloria, Francisco Lopez, 
Ouillermo Mundo, and Geronimo Orine, and each of them. "To be confined at hard 
labor at snch ])lace as tlie reviewing authority may direct for a period of ten years." 

In the foregoing case it appear that the accused Domingo Orate, a captain of bolo- 
men, being in temporary command of the accused Alejandro Yiloria. Francisco Lopez, 
Guillermo Mundo, and Geronimo Orine, insurgent soldiers, and also of the accused 
Leon Obras and Emeteria Peralta, bolomen, proceeded to the house of one Hilario 
Olito, at Balaoan, Union, whom they kidnapped and conveyed to the Rancheria of 
Padayas. There the accused Leon Obras and Emeterio Peralta, obeying orders of the 
accused, Domingo Orate, who was present, killed said Hilario Olito with bolos. The 
deceased had been denounced as l^eing friendly to the Americans. 

The sentence, approved by the department commander, is confirmed, but in accord- 
ance with his recommendation is commuted as to Alejandro Yiloria, Francisco Lopez, 
Guillermo Mundo, and Geronimo Orine, and each of them, to imprisonment at hard 
labor for the period of two years. As thus commuted their sentences, as well as the 
sentences against Leon Obras and Emeterio Peralta, will be duly executed at the 
Presidio de Manila, to which place they, and each of them, will be sent under proper 
guard. 

The sentence against accused Domingo Orate will be duly executed at Bangar, 
Union, Luzon, P. I., on the first day of November, A. D. 1901, under the direction 
of the commanding general. Department of Northern Luzon. 

II. Before a military commission which convened at San Fernando de la L^^nion, 
P. I., pursuant to paragraph 9, Special Orders, No. 143, Headquarters Department of 
Northern Luzon, May 25, 1901, and of which Lieutenant-Colonel Samuel M. Swigert, 
13th V. S. Cavalry, was president, and Captain Edward Sigerfoos, 5th U. S. Infantry, 
was judge-advocate, were arraigned and tried: Leon Obras, Tomas Oriente, Mateo 
Oballes, Gregorio 'Lopez, Severino Directo, and Geronimo Orine, natives. 

Charge. — ' ' Murder. ' ' 

Specification. — In that Leon Obras, Tomas Oriente, Mateo Oballes, Gregorio Lopez, 
Severino Directo, and Geronimo Orine, natives, and each of them, in company of and 
consorting with a band of outlaws under the leadership of said Leon Obras, did, felo- 
niously, willfully, and with malice aforethought, kill and murder one LIugo Men- 
doza, native, by cutting the said Mendoza with a bolo or other sharp instrument, 
held in the hands of the said Leon Obras, from which act the said Hugo Mendoza 
did then and there die. This in a time of insurrection, in the month of February, 
1900, and at a place occupied by the military forces of the United States, to wit, near 
the barrio of Pagleddegan, Balaoan, province of Union, P. I. 

Pleas. — To the specification, "Guilty, except the words 'in company of and con- 
sorting with a band of outlaws under the leadership of said Leon Obras, feloniously, 
willfully, and with malice aforethought,' and the words 'and murder; ' to the excepted 
words, not guiltv." To the charge, "Not guiltv." 

Findings.— " Guilty . " 

Sentence. — And the commission does therefore sentence the said Leon Obras, 
native, '"to be hung by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members of the commission concurring 
therein." 

And the commission dees therefore sentence the said Tomas Oriente, ]\Iateo Oballes, 
Gregorio Lopez, Severino Directo, and Geronimo Orine, natives, and each of them, 
"to be confined at hard labor at such place as the reviewing authority may direct 
for the period of twenty-five years." 

In the foregoing case it appears that these accused, Leon Obras, Tomas Oriente, 
Mateo 01)alles, Gregorio Lopez, Severino Directo, and Geronimo Orine, under the 
leadership of the first named, repaired to the house of one Hugo INIendoza, at Balaoan, 
Union, in FeV)ruary, 1900, seized, bound, and conveyed said Mendoza to the fields, 
and there accused Obras killed him with a bolo, because the victim was suspected 
of friendliness to the Americans. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed against the accused, Tomas Oriente, Mateo Olialles, Gregorio Lopez, 
Severino Directo, and Geronimo Orine, at the presidio de ^Manila, to which place 
they and each of them will be sent under proper guard. 

The sentence as against accused Leon C)bras will be duly executed at Bangar, 
Union. Luzon, P. I., on the first (1st) day of November, A. D. 1901, under the direc- 
tion of the commanding general. Department of Northern Luzon. 

Bv command of IMajor-General Chaffee: 

W.P.Hall, 
Am^tant Adjutant-dene ml. 



266 CHAEGES OF CEUELTY, ETC., TO FILIPINOS. 

Headquaetees Divisiox of Philippines, 

Manila, P. I., September 14, 1901. 
General Oixiers, Xo. 277, 

Before a military commission which convened at Laoag, Ilocos Xorte, Luzon, P. I.^ 
pursuant to paragraph 2, Special Orders, Xo. 98, Headquarters Department of Northern 
Luzon, April 10, 1901, and of which Captain Robert W. Mearns, 20th U. S. Infantry, 
was president and Captain George H. Estes, 20th U. S. Infantry, was judge-advocate^ 
was arraigned and tried IMariano Zales, a native. 

Chaege I. — " Being a guerrilla." 

Specification. — "In that Mariano Zales, native, not being a member of any recog- 
nized military organization, but acting independently of the same, did, in combina- 
tion with sundry other persons similarly acting, engage in unlawful warfare against 
the United States, and in prosecution of such warfare did lie in wait and seize four 
natives, to wit: Florentino Rumbaoa, Mauricio Palayo, Anastacio Zales, and Faustina 
Mata, supposed to be friendlv to the Americans. This on a road near Batac, Ilocos 
Norte, P. L, on or about April 8, 1901." 

ChaectE II. — " Murder." 

Specification. — "In that Mariano Zales, native, on or about April 8. 1901, then as 
now a "time of insurrection, at or near the barrio Sibbo, jurisdiction of Batac, a place 
then as now in the theater of active military operations, in company of and consort- 
ing with a band of armed outlaws to the number of 30 more or less, commanded or 
lead by Aniano Magno, did, with malice aforethought, willfully and feloniously kill 
and murder two natives, to wit: Anastacio Zales and Faustina Mata (female) after 
they had been waylaid on public road and taken prisoners, by striking them on back 
of necks with a club, inflicting wounds from which the said Anastacio Zales and Faus- 
tina Mata (female) died, then and there. This at the time above specified and at or 
near barrio Sibbo, jurisdiction of Batac, I. X., P. I." 

Plea.— "Not guilty." 

FixDixG. — Of the specification, first charge, "guilty, excepting the words 'four 
natives,' substituting therefor 'two natives,' and excepting the words 'Florentino 
Rumbaoa, Mauricio Palayo,' which words are omitted, of the excepted words, not 
guilty, and of the substituted words, guilty." Of the first charge, "guilty." Of the 
specification, second charge, "guilty." Of the second charge, "guilty." 

Sextexce. — And the commission does therefore sentence him, the said ^Mariano 
Zales, native, "to be confined at hard labor, at such place as the reviewing authority 
may designate, for the period of twenty (20) years." 

In the foregoing case it appears that this accused, Mariano Zales, was a member of 
a band of outlaws operating in violation of the laws of war in the vicinity of Batac, 
Ilocos Norte, P. I. ; that such band lay in wait for and seized Anastacio Zales and 
Faustina 3Iata, a woman, whom they killed by striking them with a club in the back 
of their necks, the accused acting as executioner. No motive appears of record for 
this crime. 

The accused on the witness stand admitted he killed deceased, saying: "They were 
relatives, uncle and aunt, of mine and I had to do it to save my life." However this 
may be, men who willingly associate with brigands and assassins can not hope to 
escape the consequences of their bloody deeds. One and all of such mdawfully banded 
men fall under the severest penalties of the law, and for the reason that they but 
encourage each other in their felonious purposes. 

The sentence, approved by the department commander, is confirmed, and his 
remark to the effect that the sentence is deemed inadequate is fully concurred in. 
The sentence will be duly executed at the presidio de Manila, to which place the 
prisoner will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- GeneraL 



Headquaetees Divisiox of the Philippixes, 

Manila, P. I., Sejnember 14, 1901. 
Gexeeal Oeders, No. 278. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 8, Special Orders, No. 170, Headquarters Department of Southern Luzon, June 
19, 1901, and of which Lieutenant-Colonel Allen Smith, 1st U. S. Cavalry, was presi- 
dent and Captain Palmer E. Pierce, 13th L". S. Infantry, was judge-advocate, was 
arraigned and tried Lucas Claudio, native. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 267 

Charge I. — "Treason." 

Specification 1. — "In that he, Lncas Claudio, a native, at or near Pasay, Luzon, P. I., 
a place then, as now, under the mihtary government of the United States, on or 
about and between the 13th day of January, 1901, and the 21st day of January, 1901, 
a time and times then, as now, of insurrection against the lawful authority of the 
United States, being a person owing allegiance to the United States of America and 
having theretofore and on or about the 12th day of January, 1901, taken an oath of 
allegiance to the United States of America, did then and there, in violation of his 
said oath of allegiance, maliciously and traitorously combine and conspire M'ith cer- 
tain insurgents whose names are unknown, to resist and defy the sovereignty and 
authority of the United States and to offer armed resistance to the troops of the 
United States in the province of Manila and elsewhere in the island of Luzon, P. I." 

Specification 2. — "In that he, Lucas Claudio, a native, at or near Pasay, Luzon, P. I., 
a place then, as now, under the military government of the Ignited States, on or 
about and between the 13th day of January, 1901, and the 21st day of January, 1901^ 
a time and times then, as now, of insurrection against theL^nited States, being a per- 
son owing allegiance to the United States of America and having theretofore and on 
or about the 12th day of January, 1901, taken an oath of allegiance to the United 
States of America, did combine and conspire with certain insurgents whose names 
are unknown, to resist and defy the sovereignty and authority of the L'nited States, 
with intent to subvert the power thereof. • In pursuance of which said combination 
and conspiracy the said Lucas Claudio did, in violation of his said oath of allegiance^ 
then and there maliciously and traitorously detain, restrain, and imprison one 
Domingo Tancio, a native friendly to the L^nited States." 

Charge II. — "Accessory before the fact to murder." 

Specification. — "In that a band of outlaws to the number of six, more or less, whose 
names are unknown, at or near Pasay, Luzon, P. I., a place then, as now, under the 
military government of the United States, on or about the 3d day of October, 1900, a 
time then, as now, of insurrection against the lawful authority of the United States, 
did willfully, feloniously, and with malice aforethought kill and murder one Marcelo 
Bias, a native, by striking him, the said Marcelo Bias, Avith dangerous sharp-edged 
weapons, the exact description of which are unknown, then and there had and held 
in the hands of the members of the said band, inflicting wounds therewith on the 
person of the said Marcelo Bias, whereof he, the said Marcelo Bias, then and there 
died; and that he, the said Lucas Claudio, a native, before the commission of the 
said felony and murder, on or about the said 3d day of October, 1900, at or near the 
said Pasay, did feloniously counsel, aid, incite, and procure the members of the said 
band to commit in manner and form aforesaid the said felony and murder." 

Charge III. — "Accessory after the fact to murder." 

Specification. — "In that a band of outlaws to the number of six, more or less, whose 
names are unknown, at or near Pasay, Luzon, P. I., a place then, as now, under the 
military government of the L^nited States on or about the 3d day of October, 1900, a 
time then, as now, of insurrection against the lawful authority of the United States, 
did willfully, feloniously, and with malice aforethought kill and murder one Marcelo 
Bias, a native, by striking him, the said Marcelo Bias, with dangerous sharp-edged 
weapons, the exact description of which are unknown, then and there had and held 
in the hands of the members of the said band, inflicting wounds therewith on the 
person of the said Marcelo Bias, whereof he, the said Marcelo Bias, then and there 
died; and that he, Lucas Claudio, a native, afterwards on or about the 3d day of 
October, 1900, and other and later dates, at or near the said Pasay, well knowing the 
said members of the said band and each of them to have done and committed the 
said felony and murder in the form aforesaid, did feloniously receive, harbor, and 
maintain members of the said band." 

Charge IV. — " Accessory after the fact to kidnaping." 

Specification. — " In that a band of outlaws to the number of six, more or less, one 
of whom is known as Perfecto Flores, and the names of the others of which are 
unknown, at or near Pasay, Luzon, P. I., a place, then as now, under the military 
government of the United States, on or about the 3d day of October, 1900, a time, 
then as now, of insurrection against the lawful authority of the United States, did 
forcibly and feloniously seize, bind, and carry away against his will one Domingo 
Tancio, a native, and that he, Lucas Claudio, a native, on or about the said 3d day 
of October, 1900, at or near the said Pasay, after the commission of the said felony, 
well knowing the said band of outlaws to have committed the same in manner and 
form aforesaid, did feloniouslv receive, harbor, and maintain the members of the said 
band." 

Charge V. — "False imprisonment." 

Specification. — "In that he, Lucas Claudio, a native, at or near Pasay, Luzon, P. I., 



268 charges' OF CKUELTT, etc., to FILIPINOS. 

a place, then as now, under the mihtary government of the United States, on or about 
the 3d day of October, 1900, a time, then as now, of insurrection against the lawful 
authority of the United States, did receive from a band of outlaws, of the number of 
six, more or less, one Domingo Tancio, a native, who had theretofore been unlawfully 
and feloniously kidnapped by the said band, as the said Lucas Claudio then and 
there well knew, and him, the said Domingo Tancio, without any lawful authority or 
excuse, did detain, restrain, and falsely imprison for the space of three and one-half 
months next following, more or less, until on or about the 21st day of January. 1901." 

Charge VI. — "Guerrilla warfare, in violation of the laws of war." 

Specification. — "In that he, Lucas Claudio, a native, at or near Pasay, Luzon, P. I., 
a place, then as now, under the military government of the L^nited States, at various 
times during the year 1900, a time, then as now, of insurrection against the lawful 
authority of the United States, conspiring and consorting with a l)and of armed out- 
laws to the number of six, more or less, whose names are unknown, did resist and 
defy the lawful authority of the L^nited States, and direct, aid, and excite expeditions 
against the said lawful authority and against peaceful natives friendly to the United 
States, on one of which said expeditions, on or about the 3d day of October, 1900, one 
such friendly native. Marcelo Bias, was killed and murdered, and another such 
friendly native, Domingo Tancio, was seized, bound, and carried away against his 
will by the said band." 

CharCtE VII. — "Combining and conspiring with insurgents in violation of the laws 
of war." 

Specification. — "In that he, Lucas Claudio, a native, at or near Pasay, Luzon, P. I., 
a place, then as now, under the military government of the I'nited States, on or 
about the 3d day of October, 1900, and at other times during the year 1900, a time 
and times, then as now, of insurrection against the lawful authority of the United 
States, did combine and conspire with certain insurgents whose names are unknown, 
to resist and defy the sovereignty and authority of the United States, and to offer 
resistance to the troops of the United States in the pro\dnce of ^Manila and elsewhere 
in the island of Luzon. 

Plea.— "Xot guilty." 

FixdixCt. — Of the tirst specification, first charge, "guilty; " of the second specifica- 
tion, first charge, "guilty;" of the first charge, "guilty;" of the specification, second 
charge, "not guilty;" of the second charge, "not guilty;" of the specification, third 
charge, "guilty;" of the third charge, "guilty;" of the specification, fourth charge, 
' ' guilty ; " of the fourth charge, ' ' guilty ; " of the specification, fifth charge, ' ' guilty ; ' ' 
of the fifth charge, "guilty;" of the specification, sixth charge, "guilty;" of the 
sixth charge, "guilty;" of the specification, seventh charge, "guilty;" of the seventh 
charge, "guilty." 

Sentexce. — And the commission does therefore sentence him, Lucas Claudio, 
native, "to be confined at hard labor at such place or places as the reviewing 
authority may direct for twenty (20) years." 

In the foregoing case it appears by the evidence that the accused, Lucas Claudio, was 
a lieutenant of insurgents living as an ordinary citizen in the environs of Manila at 
Pasay, and in a neighborhood noted for the treasonable and turbulent character of its 
residents; that his band of ununiformed followers on about the 3d day of October, 
1900, lay in wait for two natives who were returning in the evening from their day's 
work as tailors for the American garrison of Pasay Barracks, and seizing them killed 
one upon the spot and took the other to the house of the accused, where under threats 
of death if he complained to the authorities or left the premises he was practically 
deprived of his liberty and made to work at his trade for his captors for several 
months and mitil the band was broken up by the police force of Manila. 

That in this and other criminal acts the accused is guilty as found by the commis- 
sion there is no reasonable doubt. It is to be noted, however, that, under the facts 
alleged, the charge of treason, rarely resorted to in the L^nited States, is both unneces- 
sary and unadvisable. Every shade of crime committed by those engaged in rebellion 
and insurrection against the authority of the I'nited States may be defined under the 
laws of war without the formal charge of treason. 

So much of the proceedings as relate to the first charge is therefore disaj^proved. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which the prisoner will be sent under 
proper guard. 

Bv command of Maior-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



CHARGES OF CRUELTY, ETC., TO FILIPIT^OS. 269 

Headquarters Division of the Philippines, 

Manila, P. I., Septemher U, 1901. 
General Orders, Xo. 279. 

Before a military commission which convened at San Isidro, Province of Xeuva 
Ecija, P. I., jnirsuant to paragraph 3, Special Ordei'S, Xo. 171, Headquarters Depart- 
ment of Xorthern Luzon, October 17, 1900, and of which Captain Henry G. Lyon^ 
22d U. S. Infantry, was president, and 1st Lieutenant Richard C. Day, 34th Infantry, 
U. S. Volunteers, was judge-advocate, were arraigned and tried: 

I. Diego de Guzman, native. 
Charge I. — " Murder." 

Speciticatioii. — '^ In that Diego de Guzman, native, styling himself captain of insur- 
gents, in company of and consorting with a band of outlaws, numbering five, more 
or less, said band acting under his orders, did willfully, feloniously, and with malice 
aforethought kill and murder Cristina Zaj^anta Lopez, and Generosa Lopez, the 
wife and daughter respectively of Prudencio Lopez, sergeant of police of San Isidro, 
Xueva Ecija, P. L, by stabbing the said Cristina Zapanta Lopez and Generosa Lopez 
with bolos held in the hands of the said band acting under the orders of the said 
Diego de Guzman, inflicting wounds therewith, whereof the said Cristina Zai:)anta 
Lopez and Generosa Lopez then and there died. This on or about the 7th day of 
January, 1901, a time of insurrection, at or near the barrio of San Nicolas, pueblo of San 
Isidro, Xueva Ecija. P. I., a place within the territory of active military operations.'^ 

Charge II.— "Abduction." 

Specification. — "In that Diego de Guzman, native, styling himself captain of insur- 
gents, in company of and consorting with a band of outlaws, numbering five, more 
or less, said band acting under his orders, did by force and fear and against their 
will and consent, seize and carry away Cristina Zapanta Lopez and Generosa Lopez, 
the wife and daughter respectively of Prudencio Lopez, sergeant of police of San 
Isidro. Nueva Ecija, P. I. This on or about the 7th day o^ January, 1901, a time of 
insurrection, at or near the barrio of San Xicolas, pueblo of San Isidro, Xueva Ecija, 
P. L, a place within the territory of active military operations." 

Charge HI. — " Guerrilla warfare in violation of the laws of war." 

Spedjication. — "In that Diego de Guzman, native, styling himself captain of insur- 
gents, and commanding a band of armed outlaws, to the number of five, more or 
less, did wage guerrilla warfare against the authority of the Ignited States. This in 
the province of Xueva Ecija, P. I., a territory in insurrection against the authority 
of the United States, and in the theater of active military operations, during the 
months of January, February, March, and April, 1901. 

Plea. — To the specification, first charge, "not guilty;" to the first charge, "not 
guilty;" to the specification, second charge, "not guilty;" to the second charge^ 
"not guiltv;" to the specification, third charge, "guiltv;" to the third charge, 
"guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Diego de Guzman, 
native, "to be hanged by the neck until dead, at such time and jjlace as the review- 
ing authority may direct, two-thirds of the commission concurring therein." 

II. Feliciano Borja, native. 
Charge I. — "Murder." 

Spedjication. — "In that Feliciano Borja, native, in company of and consorting with 
a band of outlaws, to the number of five, more or less, did willfully and with malice 
aforethought kill and murder Cristina Zapanta Lopez and Generosa Lopez, wife and 
daughter respectively of Prudencio Lopez, sergeant of police of San Isidro, Xueva 
Ecija, P. L, by stabbing them, the said Cristina Zapanta Lopez and (ienerosa Lopez, 
with bolos, held in the hands of the said Feliciano Borja, and in the hands of the 
members of the said band, inflicting wounds therewith, whereof the said Cristina 
Zapanta Lopez and Generosa Lopez then and there died. This on or about the 7th 
day of January, 1901, at or near the barrio of San Nicolas, pueblo of San Isidro, 
Nueva Ecija, P. I., in time of insurrection and in the theater of active military 
operations." 

Charge II. — "Abduction." 

Specification. — "In that Feliciano Borja, native, in company of and consorting with 
a band of armed outlaws, to the number of five, more or less, did by force and fear, and 
against their will and consent, seize and carry away Cristina Zapanta Lopez, and 
Generosa Lopez, the wife and daughter respectively, of Prudencio Lopez, sergeant of 
police of San Isidro, Nueva Ecija, P. I. This on or about the 7th day of January, 
1901, at or near the barrio of San Nicolas, pueblo of San Isidro, Nueva Ecija, P. I., 
in time of insurrection and in the theater of active military operations." 

Charge III. — "Guerrilla warfare in violation of the laws of war." 

Specification. — "In that Feliciano Borja, native, was a member of a band of ununi- 



270 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

formed outlaws engaged in resisting the authority of the United States. This in 
the Province of Nueva Ecija, P. I., during the months of Januar}^ and February, 1901, 
a time and place of insurrection and in the theater of active military operations." 

Plea. — To the specification, hrst charge, "not guilty;" to the first charge, "not 
guilty;" to the specification, second charge, "not guilty;" to the second charge, "not 
guilty;" to the specification, third charge, "guilty;" to the third charge, "guilty." 

Finding. — Of the specification, first charge, "guilty, excepting the words 'in the 
hands of the said Feliciano Borja, and,' and of the excepted words not guilty;" of 
the first charge, ' ' guilty ;" of the specification, second charge, ' ' guilty ;' ' of the second 
charge, "guilty;" of the specification, third charge, "guilty;" of the third charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Feliciano Borja, 
native, "To be hanged by the neck until dead, at such time and place as the leview- 
ing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case it appears that these accused, Diego de Guzman and Feliciano 
Borja, in company of a band of outlaws, of which the former was leader, seized and 
carried away to the fields, near the barrio of San Nicolas, Nueva Ecija, the wife and 
daughter of the sergeant of police of San Isidro, and killed and murdered these two 
women by cutting and stabbing them w4th bolos. 

It further appears by the evidence in the case of the accused, Diego de Guzman, 
that the dead bodies of two men, one a cousin and the other a coachman of the ser- 
geant of police, were found lying dead with the bodies of the murdered women. 
From this fact the conclusion is forced upon the mind that these men were killed by 
violence and for the same motive which inspired the murder of the women, to wit, 
to inflict an appalling vengeance upon a man who had taken office under American 
authority. 

The duty of the United States to protect its public servants in the lawful execution 
of their duties, and the necessity of restraining the criminal propensities of those who 
seek revenge upon men by killing the helpless and unoffending members of their 
households, a crime common only to the most barbarous tribes, call for the severest 
penalties of the law. 

These accused are also charged with and plead guilty to carrying on guerrilla war- 
fare, being members of an ununiformed band of outlaws operating within the lines 
of the United States Torces. 

The sentences, approved by the department commander, are confirmed and will 
be duly executed against these accused, Diego de Guzman and Feliciano Borja, and 
each of them, at San Isidro, Nueva Ecija, Luzon, P. L, on the first (1st) day of Novem- 
ber, A. D. 1901, under the direction of the commanding general. Department of 
Northern Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquaetees Division of the Philippines, 

Manila, P. /., September 16, 1901. 

General Orders, No. 281. 

Before a military commission which convened at Laoag, Uocos Norte, Luzon, P. L, 
pursuant to paragraph 2. Special Orders, No. 98, Headquarters Department of 
Northern Luzon, April 10, 1901, and of which Capt. Robert W. Mearns, 20th U. S. 
Infantry, was president, and Capt. George H. Estes, 20th U. S. Infantry, was judge- 
advocate, was arraigned and tried Wenceslao, alias Estanislao Rosales, a native. 

Chaege. — ' ' Murder. ' ' 

Specification. — "In that Wenceslao, alias Estanislao Rosales, native, on or about 
April 17, 1900, then as now a time of insurrection, at or near San Nicolas, province 
of Ilocos Norte, P. I., a place then as now under the military government of the 
United States, in company of and consorting with others armed with bolos and fire- 
arms did willfully, feloniously, and with malice aforethought kill and murder the 
following-named police of Laoag, Ilocos Norte, P. I., viz: Eugenio Tomayo, Eduardo 
Pata, and Salvador Gorospo, all natives, by stabbing and cutting them with bolos held 
in the hands of members of said band, inflicting wounds from which the said police- 
men above named then and there died." 

Plea.— "Not guilty." 

Finding. — Of the specification, "guilty, except the words 'bolos and,' and 'stab- 



CHARGES OF CEUELTY , ETC., TO FILIPINOS. 271 

bing and cutting them with bolos held in the hands of members of said band, inflicting 
wounds from,' substituting for the latter the words 'throwing them in a well, and 
afterwards filling said well with earth, from the effects of,' of the excepted words not 
guilty, and of the substituted words guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, the said AVenceslao, 
alias Estanislao Rosales, "To be hung by the neck until he is dead, at such time and 
place as the reviewing authority may direct, all of the members concurring therein." 

In the foregoing case it appears that this accused, Estanislao Rosales, about April 
17, 1900, in company of an armed band of outlaws, seized and bound three native 
policemen who had "been sent from Laoag to San I*sicolas, Ilocos Xorte, on duty, there 
took them before a priest to be confessed and then flinging them alive into a well, 
filled up the same with dirt, thus causing their death. Their acceptance of service 
under American rule is the apparent motive for their barbarous murder. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed against the accused, Estanislao Rosales, at San Xicolas, Ilocos Xorte, 
Luzon, P. L, on the eighth (8th) day of Xovember, A. D. 1901. under the direction 
of the commanding general. Department of Xorthern Luzon. 

Bv command of 2^Iajor-General Chaffee. 

W. P. Hall, 
As-nstant Adjutant- General. 



Headquartees Division of the Philippines, 

Manila, P. J., September 16, 1901. 
General Orders, X'o. 282. 

Before a military commission which convened at ^lalabon, ^Manila province, Luzon, 
P. I., pursuant to paragraph 5, Special Orders, Xo. 156, Headquarters Department of 
Xorthern Luzon, June 8, 1901, and of which Maj. William H. Cook, surgeon, U. S. 
Vols., was president, and First Lieut. Paul Giddings, 3d L'. S. Infantry, was judge- 
advocate, were arraigned and 'tried: Maximo Maricaban and Feliciano Samson, 
natives. 

Charge. — " Murder. ' ' 

Specification. — "That on the 2d day of October, 1900, then as now a time of insur- 
rection, at the sitio of Cayalboc, about three (3) miles south of the pueblo of Anti- 
polo, province of Morong, Island of Luzon, P. I., a place then as now under the 
military occupation and government of the United States, Maximo Maricaban and 
Feliciano Sampson, natives and residents of the pueblo of Antipolo, province of 
Morong, P. I., armed with bolos, did feloniously, wilfully, and with malice afore- 
thought, murder and kill one Atanacio Gatlabayan, a native and resident of the 
pueblo of Antipolo, province of ^Nlorong, P. I., by then and there cutting the said 
Atanacio Gatlabayan with bolos held in the hands of the said Maximo Maricaban 
and Feliciano Samson, then and there inflicting upon the said Atanacio Gatlabayan 
divers cuts and wounds by reason of which said cuts and wounds the said Atanacio 
Gatlabavan then and there died." 

Plea.— "Xot guilty." 

Findings. — Maximo Maricaban: Of the specification, "guilty, excepting the 
words, 'on 2d day of,' substituting therefor the words 'on or about the 2d day of, ' 
of the excepted words not guilty, and of the substituted words guilty." Of the 
charge "guilty." 

Feliciano Samson: "Xot guilty." 

Sentence. — And the commission does therefore sentence him, the said Maximo 
Maricaban, native, " To be hanged by the neck until dead, at such time and place 
as the reviewing authority may direct, two-thirds (f) of the commission concurring 
therein. ■ 

And the commission does therefore "acquit" him, the said Feliciano Samson, 
native. 

In the foregoing case it appears that the accused Maximo ISIaricaban and deceased 
were rivals for the favor of a woman, and the accused, in revenge for a blow received 
at the hands of deceased some days previously, laid in wait in the rice fields for 
Atanacio Gatlabayan, and on the approach of the latter sprang out and boloed him 
to death. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the period of thirty (30) years. As thus 
commuted the sentence will l)e duly executed at the Presidio de Manila, to which 
the prisoner will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistayit Adjutant- General. 



272 CHARGES OF CKUELTY. ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, F. /., September 20, 1901. 
General Orders, Xo. 285. 

Before a military commission Avhich convened at Palanoc, island of Masbate, P. I.^ 
pursuant to paragraph 5, Special Ordei-s, Xo. 11, Headquarters Department of South- 
ern Luzon, January 11, 1901, and of which Captain Abner Pickering, 2d U. S. 
Infantry, was president and Captain Peter E. ^larquart, 2d U. S. Infantry, was judge- 
advocate, was arraigned and tried Acacio Bilan, a native. 

Charge I. — "(Uving intelligence to the enemy, in violation of the laws of war." 

Spec ijicat ion. — "In that he, Acacio Bilan, native, while acting in the capacity of lieu- 
tenant of the Imrrio of Daraga, island of Masbate, P. I., then as now under the military 
jurisdiction of the military forces of the United States, did send intelligence to the 
enemy of the approach and proximity of the American soldiers, thus enabling the 
enemy to elude the forces sent after them. This in time of insurrection, at or near 
Daraga, island of ]\Iasbate, P. I., during the months of April and May, 1901." 

CharCtE II. — •' Eelieving the enemy, in violation of the laws of war." 

Specijicatiou. — "In that he, Acacio Bilan, native, while acting in the capacity of 
lieutenant of the liarrio of Daraga, island of Masbate, P. I., did relieve the enemy by 
giving them victuals, rice, fish, and camotes. This at or near Daraga, island of 
Masbate, P. I., then as now under the military jurisdiction of the United States, in 
the time of insurrection, dm'iug the months of April and May, 1901." 

Charge III. — " Violation of oath of allegiance in violation of the laws of war." 

Specification. — "In that Acacio Bilan, native, having been duly and regularly 
elected and appointed lieutenant of the barrio of Daraga (barrio of the town of 
Placer) , and having taken the oath of allegiance to the United States, did violate 
same by relieving and harboring the enemies thereof and givmg them assistance and 
information against the United States forces acting to subdue said enemies. This in 
time of insurrection, during the months of April and May, 1901, at or near Daraga, 
island of Masbate, P. I., then as now under the jurisdiction of the military forces of 
the United States. " 

Plea. — "Xot guilty.'.' 

Finding. — " Guilty." 

Sentence. — And the commission does therefore sentence him, the said Acacio 
Bilan, native, "to be confined at hard labor, at such place as the reviewing author- 
ity may direct, for a period of twenty-five years." 

In tlie foregoing case of Acacio Bilan, native, it appears by the evidence that the 
accused, while intrusted with the duties of the office of lieutenant of the barrio, 
allied himself with and by voluntary contributions of food supplies, encouraged the 
depredations of a band of outlaws, shared with them in their robberies and practi- 
cally became their patron and chief, thus using his office, not for the maintenance of 
good order and the protection of the property of the people, but for his own illicit 
gain. Allied as all outlaw bands are with the so-called insurgent forces, which 
resort to the same means of extorting contributions and taking needed supplies of 
live stock and other means of subsistence and assimiing to be insurgents, when such 
assumption best suited their purpose, and actually acting as their message bearers 
and allies, they are to all intents and purposes a component part of the irregular 
forces coming under the general definition of " the enemy" as alleged. Still in this 
case it would have been more in accord with the facts and hence better pleading to 
have alleged complicity with outlaws than acting with " the enemy." 

Subject to the foregoing remark, the proceedings and sentence, approved by the 
department commander, are confirmed and the sentence will be duly executed at the 
Presidio de Manila, to which the prisoner will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, ' 
Assistant Adjiitcmt- General. 



Headquarters Division of the Philippines, 

Manila, P. I., September 20, 1901. 
General Orders, Xo. 286. 

Before a military commission which convened at ^loncada, Tarlac Province of 
Luzon, P. I., pursuant to paragraph 7, Special Orders, Xo. 79, Headquarters Depart- 
ment of Xorthern Luzon, March 22, 1901, and of which Captain Charles AV. Abbot, jr., 
12th U. S. Infantry, was president, and Captain George AV. Kirkman, 12th U. S. 
Infantry, was judge-advocate, were arraigned and tried Eucebio Tabelisma, Jose 
Gonzales, and Ambrosio Rosario, natives. 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 273 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Eucebio Tabelisma, Jose Gonzales, and Ambrosio Rosario, 
natives, and each of them, in company with one Bias Bonrostro (since dead), in the 
barrio of Aringin, pueblo of Moncada, province of Tarlac, Luzon, P. I., in territory 
then as now occupied by United States troops, and at a time then as now of insur- 
rection against the lawful authority of the United States, did willfully, feloniously, 
and with malice aforethought, kill and murder one Carlos Yasay, native, by stabbing 
and striking said native with bolos and poinard, held in the hands of the said Eucebio 
Tabelisma, Jose Gonzales, Ambrosio Rosario, and Bias Bonrostro (since dead), inflict- 
ing such wounds therewith that the said Carlos Yasay then and there died. This at 
the place above specified on the 26th day of April, 1901." 

Pleas.— "Not guilty." 

Findings. — Of the specification, "guilty, except the words 'Aringin' and 'poinard,' 
substituting for the word 'Aringin ' the word ' Culibat, ' and of the excepted words 
not guilty, and of the substituted word, guilty." Of the charge, "guilty." 

Sentence, — And the commission does therefore sentence him, the said Ambrosio 
Rosario, native, "To be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members of the commission con- 
curring. ' ' 

And the commission does therefore sentence them, Eucebio Tabelisma and Jose 
Gonzales, natives, and each of them, "To be confined at hard labor, at such place as 
the reviewing authority may direct, for the remainder of their natural lives." 

In the foregoing case it appears that the accused, Ambrosio Rosario, actuated by 
private enmity against deceased, procured and induced, with potations of vino and 
promise of reward, Eucebio TalDelisma and Jose Gonzales, two of the accused, to 
sequestrate and convey to the fields one Carlos Yasay, and then and there killed 
him with bolos, all three of the accused participating and subsequently throwing the 
body of the victim into a well. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed against accused, Ambrosio Rosario, at Moncada, Tarlac, Luzon, P. I., 
on the first (1st) day of November, A. D. 1901, under the direction of the command- 
ing general. Department of Northern Luzon. 

The sentence against Eucebio Tabelisma and Jose Gonzales, and each of them, will 
be duly executed at the Presidio de Manila, to which place these prisoners will be 
sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. L, September ^6, 1901. 
General Orders, No. 291. 

Before a military commission which convened at Nueva Caceres, Camarines Sur, 
Luzon, P. L, pursuant to paragraph 2, Special Orders, No. 166, Headquarters Depart- 
ment of Southern Luzon, June 15, 1901, and of which Major Arthur Williams, 26th 
U. S. Infantry, was president, and Captain James A. Lynch, 28th U. S. Infantry, 
was judge-advocate, was arraigned and tried Francisco Braganza, a native. 

Charge I. — " Murder in violation of the laws of war." 

Specification. — "In that Francisco Braganza, native, while holding the rank of 
commandante of insurgent forces and having in his custody, as prisoners, Antonio 
Plana, Sebastian Nunez, Antonio Conjo, Manuel Lobo, and others, all Spanish sol- 
diers, to the number of one hundred and three, more or less, names of others 
unknown, said prisoners being guarded by insurgent soldiers, under the command 
of the said Francisco Braganza, did, willfully, feloniously, and with malice afore- 
thought, order and cause the said Spanish soldiers, then prisoners in his custody, to 
be bound to trees, and while in this defenseless condition did order, cause, and allow 
the said Antonio Plana, Sebastian Nunez, Antonio Conjo, Manuel Lobo, and others, 
all Spanish soldiers, to the number of one hundred and three, more or less, then pris- 
oners in his hands, to be killed and murdered by his, the said Francisco Braganza's 
soldiers, b}^ striking them with bolos and other sharp instruments, held in the hands 
of the said Francisco Braganza's soldiers, until all were dead, he, the said Francisco 
Braganza, being present in command, directing, aiding, abetting, and encouraging 
these acts. This on or about February 23, 1900, then, as now, a time of insurrection, 
at or near the barrio of Baliuag, pueblo of INIinalabag, Camarines Sur, Luzon, P. I., 
a place then, as now, under the military authority of the United States." 

S. Doc. 205, pt 2 18 



274 CHAKGES OF CRUELTY, ETC., TO FILIPINOS.. 

Charge II. — " Violation of the laws of war." 

Specification. — "In that Francisco Braganza, native, while holding the rank of 
commandante of insurgent forces, did cause and allow the bodies of Antonio Plana, 
Sebastian Nunez, Antonio Conjo, Manuel Lobo, and others, to the number of one 
hundred and three, more or less, names of others unknown, all Spanish soldiers, 
murdered by his orders, to be mutilated, denuded of clothing, and left unburied to 
be devoured by the dogs in that vicinity, he, the said Francisco Braganza, being 
present, directing, and encouraging these acts. This on or about February 23, 1900, 
then, as now, a time of insurrection, at or near the barrio of Baliuag, pueblo of 
Minalabag, Camarines Sur, Luzon, P. I., a place then, as now, under the military 
authority of the United States." 

Charge III. — " Robbery in violation of the laws of war." 

Specification. — "In that Francisco Braganza, native, while holding the rank of 
commandante of insurgent forces, did take, steal, and carry away, or cause to be 
taken and delivered to him, all money, jewelry, and other valuables found on the 
persons of Antonio Plana, Sebastian Nuiiez, Antonio Conjo, Manuel Lobo, and others, 
to the number of one hundred and three, more or less, all Spanish soldiers, who were 
prisoners in his custody, and who were killed by his order, he, the said Francisco 
Braganza, being present, directing, and assisting in these acts. This on or about 
February 23, 1900, then, as now, a time of insurrection, at or near Baliuag, a barrio 
of the pueblo of Minalabag, Camarines Sur, Luzon, P. I., a place then, as now, under 
the military authoritv of the United States." 

Plea.— "Not guilty." 

Finding. — Of the specification, first charge, "guilty, excepting the w^ords *to 
trees,' and of the excepted words, not guilty;" of the first charge, "guilty;" of 
the specification, second charge, "guilty;" of the second charge, "guilty;" of the 
specification, third charge, "guilty;" of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Francisco Braganza, 
"To be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Francisco Braganza, native, it appears that this accused 
had been a lieutenant of police of San Fernando and recently appointed a major in 
the insurgent forces. That at Minalabag a party, by roll call, of one hundred and 
seventy-three Spanish prisoners, were delivered to him for the ostensible purpose of 
being conducted to a place of greater security from the approaching American troops. 
It appears that from high sources of authority, among the insurgent chiefs, the most 
stringent orders had been given to prevent their rescue by the Americans. 

At the time the accused took charge of these prisoners they were footsore, weary, 
and half starved; their hurried marching and large number apparently overtaxing 
the available means of support which the presidentes of the pueblos through which 
they passed had at their ready disposal. 

Apprehension of the sudden appearance of the American troops caused confusion 
and disorder among the guard and police which composed the escort, under the orders 
of the accused, w^ho, on the 23d day of February, 1900, the morning following the day 
he assumed charge of the escort, proceeded to have the arms of his prisoners bound 
at the elbows with cords draw^n across their backs, so as to render them comparatively 
helpless. This was the first act of unmistakable indignity imposed upon the prison- 
ers, who, up to this time, had been treated with some kindness. Knowing the habits 
of the people in whose hands they were, to bind and make helpless one doomed to 
death, the prisoners must have readily interpreted its sinister meaning. The next 
act of the accused was to cause the prisoners to be searched for money and valuables 
and to appropriate the lion's share to himself. The prisoners were then told off in 
detachments of ten men, more or less, with a suitable guard placed over each. They 
were then conducted to the rice fields, a short interval being preserved between the 
detachments. At a preconcerted signal, the blowing of a whistle by accused, the 
guards fell upon their victims and slaughtered them with daggers, bolos, clubs, and 
spears; the accused standing by, encouraging, directing, and urging on the barbarous 
assault. 

Those of the victims who were strong enough, bound as they were, made a break 
for liberty, and accused ordered them pursued and killed. On the following morning 
it was reported to accused that thirty of the escaped prisoners had been recaptured at 
Lupi, whereupon he proceeded there, ordered them bound, conveyed to the woods, 
and again the scenes of the preceding day were enacted. Returning to Lupi, accused 
found another party of his recaptured victims, and these, in turn, were bound and 
led to death. 

Such are the established facts in the foregoing case, offset by a weak, ineffective, 
and wholly unconvincing attempt on the part of the accused to prove an alibi. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 275 

From official records it appears that about one-half of the prisoners escaped and, 
after devious wanderings under cover of the tropical vegetable growth and wooded 
lands, in small parties and after much suffering finally reached safety within the 
American lines. 

In this relation it is deemed fitting to cite the now historical fact that the chiefs 
of the insurrection, in pursuance of a deliberate policy, did their utmost to prevent 
the United States from fulfilling its desire and assumed obligation to employ its best 
efforts to return Spanish prisoners in the hands of these chiefs to Spain. In what 
manner this cruel policy could serve the cause of the insurrection passes ordinary 
comprehension. This much is true, however: out of the spirit of this policy and the 
stringent orders issued to their subordinates, that they should by all means in their 
power prevent the rescue of Spanish prisoners by the American troops, sprang the 
motive for a crime in which they must bear a full share in the responsibility. That 
these chiefs made the act of the accused their own is evidenced by the fact that they 
did not bring him to trial therefor, nor cease to continue him in office, thereby in 
effect extending to him their approbation and confidence. In this, it is believed, 
they betrayed the better sentiments of the Filipino people and demonstrated their 
lack of comprehension of the means of governing humanely and wisely. History 
will surely record against them large responsibility for this, the most barbarous and 
revolting massacre of helpless prisoners known to the modern history of war. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Nueva Caceres, Camarines Sur, Luzon, P. I., on the 15th day of 
November, A. D. 1901. under the direction of the commanding general. Department 
of Southern Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarteks Division of the Philippines, 

Manila, P. L, September 26, 1901. 
General Orders, No. 292. 

Before a military commission which convened at San Fernando, Pampanga, Luzon, 
P. I., pursuant to paragraph 3, Special Orders, No. 203, Headquarters Department of 
Northern Luzon, July 27, 1901, and of which Major George H. Paddock, 5th U. S. 
Cavalry, was president, and 2d Lieutenant Burton J. Mitchell, 22d U. S. Infantry, 
was judge-advocate, were arraigned and tried: 

I. Timoteo Dhalan, alias Doroteo del Rosario, a native. 

Charge. — ' ' Murder. ' ' 

Specification 1. — "In that he, Timoteo Dhalan, alias Doroteo del Rosario, native, 
'comandante' of the so-called insurgent forces, did issue orders, both written and 
verbal, to his subordinate, one Manuel Gonzales, native, a lieutenant of insurgents, 
to execute one Jose Buencamino, native, presidente of the pueblo of San Miguel de 
Mayumo, Province of Bulacan, said Jose Buencamino being at that time a prisoner 
in the hands of the aforementioned Manuel Gonzales, in obedience to which order 
said Manuel Gonzales did deliver Jose Buencamino to a band of men, about six in 
number, by whom said Jose Buencamino was then and there killed by a dagger held 
in the hand of one Regino Cervantes, a member of said band. This feloniously and 
with malice aforethought, at or near the sitio of Bisal, jurisdiction of the pueblo of 
Baliuag, province of Bulacan, Philippine Islands, on or about the 4th day of Novem- 
ber, 1900, this being in time of insurrection against the authority of the L^nited 
States, and in a region the scene of active military operations." 

Specification 2. — "In that he, Timoteo Dhalan, alias Doroteo del Rosario, native, a 
' comandante ' of the so-called insurgent forces, did issue orders, both written and 
verbal, to his subordinate, one Manuel Gonzales, native, a lieutenant of insurgents, 
to execute five American soldiers held as prisoners in the hands of said Gonzales, 
to wit, Private John T. Hickman, Co. B, 3oth Infantry, U. S. Y. ; Private William A. 
Smith, Co. C, 35th Infantry, U. S. V.; Private Hamlet Jarvis, Co. C, 35th Infantry, 
U. S. v.; Private Elmer Dane, Co. E, 35th Infantry, U. S. V.; and Private Frank H. 
AVilson, Co. E, 35th Infantry, U. S. V. ; and that said Gonzales, acting in compliance 
with the aforesaid order of Timoteo Dhalan, alias Doroteo del Rosario, did instruct 
one Clemente de la Cruz, native, a sergeant of Gonzales's band of guerrillas, to put 
to death the aforementioned American soldiers, which order was there carried out 
by said Clemente de la Cruz, he, accompanied by five insurgent soldiers, more or less, 
conducting the aforementioned American prisoners into the Candaba swamp, wliere 
they were killed with bolos held in the hands of Clemente de la Cruz and the five, 



276 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

more or less, men who accompanied them. This feloniously and with malice afore- 
thought, at or near the sitio of Bisal, jurisdiction of the pueblo of Baliuag, Province 
of Bulacan, Luzon, Philippine Islands, on or about the 4th day of November, 1900, 
in time of insurrection against the authority of the United States and in a region the 
scene of active military operations." 

Plea.— "Not guilty." 

Finding. — Of the first specification, ' ' guilty. ' ' Of the second specification, ' ' guilty, 
except the word 'bolos,' and substituting therefor the word 'daggers,' and of the 
excepted word not guilty, and of the substituted word guilty." Of the charge, 
''guilty." 

Sentence. — And the commission does, therefore, sentence him, Timoteo Dhalan, 
alias Doroteo del Rosario, "to be hanged by the neck until dead, two-thirds of the 
commission concurring therein, at such place and time as may be designated by the 
reviewing authority." 

In the foregoing case of Timoteo Dhalan, alias Doroteo del Rosario, it appears that 
the accused was a major of guerrillas of the so-called insurgent forces; that on the 
30th day of October, 1900, one of his subordinates, First Lieut. Manuel Gonzales, 
successfully ambushed a detachment of the 35th Infantry, U. S. V. , taking five sol- 
diers prisoners, and with the prisoners one Seiior Jose Buencamino, presidente of 
San Miguel de Mayumo. The accused, having had report of the foregoing, sent 
orders to his subordinate, which appear by translated copies below: 

' ' Seiior First Lieut. Manuel Gonzales and Capt. Dionisio Santos : 

"Inside of twelve hours you will report to me what has happened in the ambus- 
cade that you have done; at what hour, in which place, how many they were, how 
many rifles captured, and also prisoners, and if Jose Buencamino, of San Miguel, 
was with them. With great care you will obey the following: 

"First. Separate Jose Buencamino from the Americans, and with these Americans 
do as if you were to take them to the general; but when you reach the tall grass do 
with them what we are accustomed to do; but I strictly recommend you not to let 
anyone know, even to our soldiers, but to those of much confidence and with the 
lips shut. 

"Second. To Jose Buencamino do with him what you know the suffering of the 
reason in a hidden place, and take great care with the woman, so she may not escape. 

"Third. Once you have done all these, give me a report of all that has happened 
in the ambuscade, so I may make the report to the general; what captains and 
officers were present, so that I may make the recommendations. 

"God keep your life many years. 

"The chief major of the guerrillas: 

(Sgd.) "Timoteo Dhalan. 

"Now November 1, 1900." 

Three days later the accused sent the following: 

" Seiior First Lieut. Manuel Gonzales: 

"I have received your communication for Captain Santos, and when you receive 
this you will obey, without excuse, the following: 

' ' First. Once the prisoners are in the place where the enemy do not pass do with 
them what I have ordered; but no one must know, even many soldiers; only those 
who will do it; do not use bullets, but daggers. Buencamino must not know of this. 

"Second. If Buencamino would request you anything, treat him well and that I 
will go there very soon; but you are responsible if he escapes. What you are going 
to do with the prisoners should be far from Buencamino, and he must not know. 

"Third. Give to each of our soldiers undershirts. 

"Fourth. I repeat you again that to hide Buencamino well, also our rifies; sepa- 
rate them from the places where the enemy pass, so that they may not be captured. 
Hereafter you should be more careful. 

' ' You will receive five pesos for the soldiers. 

"(Tod keep your life many years. 

"The chief major of the guerrillas: 

(Sgd.) "T. Dhalan. 

"Now November 3, 1900. 

"P. S. — What you should tell Buencamino is that the prisoners will be taken to 
the general; but do what I have ordered." 

The accused entered his bare denial of the authenticity of these orders, but his 
proven signature by witnesses familiar with it, and oral testimony sufficient of itself 
to convict him beyond all reasonable doubt of having conceived and ordered the 
consummation of the murder of his helpless victims. His open appeal to the base 



CHARGES OF CRUELTY. ETC., TO FILIPINOS. 277 

instincts of his soldiers by promising reward for the execution of his inhuman com- 
mand aggravates his offense and marks the accused as one so lost to the better 
instincts of his race as to preclude any appeal to clemency. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Baliuag, Bulican, Luzon, P. I., on the eighth (8th) day of Novem- 
ber, A. T). 1901, under the direction of the commanding general, Department of 
Northern Luzon. 

II. Manuel Gonzales, a native. 

Chaege I. — " Violation of parole." 

Specification. — "In that he, Manuel Gonzales, native, having, on or about the 12th 
day of May, 1900, at or near San Ildefonso, Province of Bulacan, voluntarily given 
to 2d Lieutenant L. S. Chappelear, 35th Infantry, United States Volunteers, a written 
parole in the following words: 

"I, Manuel Gonzales, second lieutenant, company of guerrillas. Battalion of 
Bulacan, of the revolutionary army of the Filipinos, of the brigade of General 
Gregorio del Pilar, pledge my word of honor not to serve during the existing insur- 
rection or to take up arms against the United States of America at any time in the 
future. 

(Sgd.) "Manuel Gonzales." 

did feloniously and with malice aforethought again take up arms against the United 
States, and did, in command of a band of armed men — thirty, more or less — on the 
30th day of October, 1900, attack a detachment of United States troops acting as 
escort for Jose Buencamino, native, presidente of the pueblo of San Miguel, Province 
of Bulacan, wounding and capturing said Jose Buencamino, killing one American 
soldier, wounding two others, and carrying five away into captivity. This, near 
Maasin River, Province of Bulacan, P. L, on or about the 30th day of October, 1900, 
in time of insurrection against the authority of the United States, and in a region 
the scene of active militarv operations." 

Charge II.~" Murder." 

Specification. — "In that he, Manuel Gonzales, native, having in his power and pos- 
session as prisoners of war, five American soldiers, to wit: Private John T. Hickman, 
Co. B, 35th Infantry, U. S. Y.; Private William A. Smith, Co. C, 35th Infantry, 
L". S. V. ; Private Hamlet Jarvis, Co. C, 35th Infantry. U. S. Y. ; Private Elmer Dane, 
Co. E, 35th Infantry, U. S. V., and Private Frank H. Wilson, Co. E, 35th Infantry, 
L^. S. v., did order one Clemente de la Cruz, native, a sergeant of the band of guer- 
rillas under his command, to conduct the aforesaid prisoners to a secluded spot and 
put them to death, which order was carried out by the said Clemente de la Cruz, he 
with five companions, more or less, conducting them with their arms pinioned into 
the Candaba swamp, and did then and there kill and murder them with sharp instru- 
ments called bolos, held in the hands of Clemente de la Cruz and the five, more or 
less, men who accompanied him. This feloniously and with malice aforethought, at 
or near the sitio of Bisal, jurisdiction of the pueblo of Baliuag, province of Bulacan, 
Philippine Islands, on or about the 4th day of November, 1900, in time of insurrec- 
tion against the authority of the United States, and in a region the scene of active 
militarv operations." 

Plea"'.— "Not guilty." 

Finding. — Of the specification, first charge, "guilty;" of the charge, "guilty;" of 
the specification, second charge, "guilty, excepting the word 'bolos' and substituting 
therefor the word 'daggers,' and of the excepted word, not guilty, and of the sub- 
stituted word, guilty;" of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Manuel Gonzales, 
native, "to be hanged by the neck until he is dead, two-thirds of the commission 
concurring therein, at such time and place as the reviewing authority may designate." 

In the foregoing case of Manuel Gonzales, the accused, in his trial, admitted that 
he had taken the oath of allegiance to the L^nited States and afterwards accepted the 
office of first lieutenant in the insurgent forces. That thereafter, with his followers, 
he successfully ambushed a detachment of American soldiers, killing one, wounding 
others, and taking five prisoners of war. A few days later, in obedience to the 
written orders of his superior officer, one Timoteo Dhalan, he caused these prisoners 
and a native, Sefior Jose Buencamino, to be killed. To these orders, which appear 
of record, the accused avers that he sent a written protest to said Dhalan to the effect 
that the killing of his prisoners would be contrary to the laws of war. By this state- 
ment the accused disclosed the fact of his knowledge that the order given him was 
illegal. His plain duty therefore, was to refuse obedience; and no fact appears of 
record to negative the conclusion that he also well knew such an act of barbarism 
was contrary to the general instructions of the common superiors of himself and 
]\rajor Dhalan. 



278 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

Faithless to the sworn obligation not to take up arms against the United States, 
and recreant to those principles of humanity that distinguish the civilized man from 
the savage, the accused has debarred himself from appealing to the clemency of the 
commanding general, who can not and will not save from merited punishment those 
of the enemy who, having the soldiers of his army in their hands as helpless prison- 
ers of war, forget the part of an honorable enemy and resort to the cowardly methods 
of the assassin to destroy the lives of such prisoners, or of natives friendly to the 
United States. 

The sentence approved by the department commander is confirmed, and will be 
duly executed at Baliuag, Bulacan, Luzon, P. I., on the eighth (8th) day of Novem- 
ber, A. D. 1901, under the direction of the commanding general, Department of 
Northern Luzon. 

III. Clemente de la Cruz, a native. 

Charge. — "Murder." 

Specification. — " In that he, Clemente cle la Cruz, a sergeant of a band of guerrillas 
commanded by one Manuel Gonzales, native, did, in company with five or more 
other natives, whose names are unknown, feloniously and with malice aforethought,^ 
kill and murder five American soldiers, to wit: Private John T. Hickman, Co. B, 
35th Infantry, U. S. V. ; Private William A. Smith, Co. C, 35th Infantry, U. S. V. ; 
Private Hamlet Jarvis, Co. C, 35th Infantry, U. S. V. ; Private Elmer Dane, Co. E, 
35th Infantry, U. S. V., and Private Frank H. Wilson, Co. E, 35th Infantry, U. S. V., 
held as prisoners of war in the hands of the aforesaid Manuel Gonzales, by striking 
and cutting them, the aforesaid American soldiers, with sharp instruments called 
bolos, from the effects of which they then and there died. This at or near the sitio 
of Bisal, jurisdiction of the pueblo of Baliuag, province of Bulacan, Philippine 
Islands, on or about the 4th day of November, 1900. This being in time of insur- 
rection against the authority of the United States and in a region at that time the 
scene of active militarv operations." 

Plea.— "Not guilty?' 

Finding. — Of the specification, "guilty, except the word 'bolos,' substituting 
therefor the word ' daggers, ' and of the excepted word not guilty, and of the substi- 
tuted word guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Clemente de la Cruz, 
native, "to be hanged by the neck until dead, two-thirds of the commission concur- 
ring therein, at such time and place as the reviewing authority may designate." 

In the foregoing case of Clemente de la Cruz it appears from the evidence that the 
accused was a sergeant in the insurgent forces and was given charge of a detachment 
of six men, with orders to conduct to a safe distance from the public highway five 
American prisoners, taken captive by a successful ambuscade two or three days pre- 
viously, and to kill said prisoners with daggers or bolos. In obedience to his orders, 
willingly and unhesitatingly undertaken, the accused bound the arms of his appointed 
victims behind their backs, and taking them to a distance of about four and one-half 
miles from camp into a marsh known as the Candaba swamp, then and there caused 
his men to assail them with their bolos until they were dead. 

The accused admitted in open court the essential facts of the murder in language 
to the import of the foregoing, but pleaded the order of his company commander. 
Lieutenant Gonzales, to relieve him of responsibility. He admitted that he knew 
that order "to be bad," but " was afraid not to obey;" was afraid he " would get a 
hard punishment, ' ' and ' ' might have been shot. ' ' He also admitted that he never 
saw or heard of a Filipino soldier being punished with death for disobedience of 
orders. 

If the plea of obedience to unlawful orders to kill prisoners of war were held to be 
sufficient to exculpate the accused from criminal responsibility in this case, then his 
lieutenant, who gave him the order, can successfully plead the order of the major, 
who in turn gave the order to the lieutenant, and so the chain of criminal responsi- 
bility be carried backward until lost in the mazes of doubt regarding the origin of 
the order in the mind of some unknown chief assassin in high place, and so all the 
guilty parties escape punishment for their inhuman crime. 

The proneness of the outlaw chiefs of insurgents in some zones of operations to 
kill their prisoners, natives or Americans, and the criminal character of their follow- 
ers, call for drastic remedies. The commanding general owes to the soldiers of his 
command the most effective means of protection in his power to save them from the 
murderous instincts of the assassin. Hence all may take warning that those who 
give orders to murder the soldiers of the United States Army, and all those who 
execute such orders, when their own lives are not in imminent deadly peril from the 
immediate presence of their officers, armed and ready to execute death upon them 
if they refuse obedience, shall not meet with pardon at his hands. 



CHARGES OF CRUELTY, ETC., TO FILIPITiTOS. 279 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the period of his natural life. As thus 
commuted, the sentence will be duly executed at the Presidio de Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Maior-General Chaffee: ^ 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L , September 28, 1901. 
General Orders, No. 296. 

Before a military commission which convened at Binalonan, Pangasinan, Luzon, 
P. I., pursuant to paragraph 5, Special Orders, No. 159, Headquarters Department of 
Northern Luzon, June 11, 1901, and of which Captain James B. Goe, 13th U. S. 
Infantry, was president, and 1st Lieutenant Alexander M. Wetherill, 13th U. S. 
Infantry, was judge-advocate, was arraigned and tried: Pedro Mara, a native. 

Charge I. — ' 'Assault and battery with intent to do bodily harm." 

Specification. — "In that Pedro Mara, in company of and consorting with armed 
outlaws, to the number of ten, more or less, did, in time of insurrection, enter the 
barrio of Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place 
then, as now, in the theater of military operations, and did unlawfully seize and 
conduct therefrom, with intent to do bodily harm, Roman Docosin, Maximino Tabaldo, 
Severino Prado, Maximo Sabarboro, and Dolores Dingli, natives, lawfully residing 
in the said barrio. This at the place above specified, at about 10 p. m., February 
17, 1900." 

Charge II.— "Murder." 

Specification. — "In that Pedro Mara, in company of and consorting with armed 
outlaws, to the number of ten, more or less, did willfully, feloniously, and wdth malice 
aforethought, murder and kill Roman Docosin, Maximino Tabaldo, Severino Prado, 
Maximo Sabarboro, and Dolores Dingli by shooting them, the said Docosin, Tabaldo, 
Prado, Sabarboro, and Dingli, with guns and stabbing them, the said Docosin, 
Tabaldo, Prado, Sabarboro, and Dingli, with lances and bolos held in the hands of 
the said Pedro Mara and of the said outlaws, inflicting wounds therewith whereof 
they, the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, then and there died. 
This in time of insurrection, on or about February 17, 1900, at or near the barrio of 
Namipitan, pueblo of Binalonan, province of Pangasinan, P. I., a place then, as now, 
in the theater of military operations." 

Plea.— "Not guilty." 

Finding. — Of the specification, first charge, "guilty;" of the first charge, "guilty;" 
of the specification, second charge, "guilty, excepting the words 'shooting them, 
the said Docosin, Tabaldo, Prado, Sabarboro, and Dingli, with guns and ' ; and of the 
excepted words not guilty;" of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Pedro Mara, native, 
" to be confined at hard labor at such place as the reviewing authority may direct 
for a period of twenty (20) years." 

In the foregoing case it appears that the accused, Pedro Mara, was one of a band 
of outlaws (tulisanes) that entered the barrio of Namipitan, pueblo of Binalonan, 
province of Pangasinan, P. I., February 17, 1900, seized, bound, and carried to the 
fields four native men and one native woman, where they were then and there mur- 
dered with bolos and lances by members of said band. 

Although this accused is not shown to have personally struck any of the fatal 
blows, his criminal responsibiUty for the acts of the notorious associates with whom 
he was banded for purposes of robbery and murder, is conclusive in law. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall. 
Assistant Adjutan t- General. 



Headquarters Division of the Philippines, 

Manila, P. I., September 28, 1901. 
General orders, No. 297. 

Before a military commission which convened atlba, Zambales, Luzon, P. I., pur- 
suant to paragraph 4, Special orders, No, 148, He^^dquarters Department of Northern 



280 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

Luzon, September 23, 1900, and of which Capt. Harry A. Leonhaeuser, 25th U. S. 
Infantry, was president, and 2d Lieutenant Harol D. Coburn, 25th L". S. Infantry, 
was judge-advocate, was arraigned and tried Toribio Muyano, a native. 

Charge. — "Murder." 

Specifcatioti. — "In that he, Toribio Muyano, a native of the Phihppine Islands, 
did willfully, feloniously, and with malace aforethought, kill and murder one Matias 
de Guzman, a native of the Philippine Islands, by stabbing and cutting the said 
Matias de Guzman with a bolo or other sharp instrument held in the hands of the 
said Toribio Muyano, inflicting wounds from which the said Matias de Guzman did 
then and there or presently after die; This at or near the barrio Longos, pueblo of 
Santa Cruz, Province of Zambales, Luzon, P. L, on or about the 17th day of Feb- 
ruary, 1901, during a time then, as now, of insurrection at a place then, as now, 
under the jurisdiction of the United States." 

Plea.— " Xot guilt V." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Toribio Muyano, a 
native "to be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case it appears that this accused, Toribio Muyano, while fishing 
in certain preserves under the care and charge of deceased at the barrio Longos, Santa 
Cruz, Zambales, was ordered to desist by deceased and threatened with prosecution 
for trespass. In a dispute which followed this accused killed deceased with a bolo. 
The accused fully confessed the part he took in the commission of this crime, and 
the degree of its premeditation fully justifies the sentence. 

The sentence, approved by the department commander, is confirmed, but, in 
accordance with his recommendation, is commuted to imprisonment at hard labor 
for the period of thirty years. As thus commuted, the sentence will be duly executed 
at the Presidio de Manila, to which the prisoner will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, October, 7, 1901. 
General Orders, Xo. 304. 

Before a military commission which convened at Gerona, Tarlac, Luzon, P. I., pur- 
suant to paragraph 7, Special Orders Xo. 79, Headquarters Department of Northern 
Luzon, March 22, 1901, and of which Captain Charles W. Abbot, jr., 12th U. S. 
Infantry, was president, and Captain George W. Kirkman, 12th Y. S. Infantry, was 
judge-advocate, were arraigned and tried: Juan Victoria, and Juan Tiano, natives. 

Charge I. — "Assault with intent to kill." 

Specification. — "In that Juan Victoria and Juan Tiano, natives, and each of them, 
did, make a violent assault upon Romano Debino, by cutting and stabbing him with 
bolos or other sharp instruments held in the hands of the said Juan Victoria and 
Juan Tiaiio, natives, with the intent then and there feloniously, wilfully and with 
malice aforethought, to kill and murder the said Romano Debino. This in time 
then, as now, of insurrection, and within the theatre of military operations on or 
about the 4th day of December, 1900, at or near the barrio of San Augustin, Pueblo 
of San Juan de Guiraba, Province of Xueva Ecija, P. I." 

Charge IL — "Assault with intent to do bodily harm." 

Specification. — "In that Juan Victoria and Juan Tiaiio, natives, and each of them, 
residents of the Province of Xueva Ecija, P. I., did on or about the 4th day of Decem- 
ber, 1900, a time then, as now, of insurrection and within the theatre of military 
operations, feloniously and forcibly, bodily seize and carry away from his home and 
against his will one Romano Debino, a native, since which time he has not been seen 
or heard from. This in the barrio of San Augustin, Pueblo of San Juan de Guimba, 
Xueva Ecija, Luzon, P. I." 

Pleas.— "Xot guilty." 

FindinctS. — Of the specification, first charge, "guilty, except the words, 'by cut- 
ting and stabbing him with bolos or other sharp instruments held in the hands of 
the^ said Juan Victoria, Enrique Victoria, and Juan Tiaiia, natives,' substituting 
therefor the words 'by choking him;' of the excepted words not guilty and of the 
substituted words guilty." Of the first charge, "guilty;" of the specification, 
second charge, "guilty;" of the second charge, " guilty." 

Sentence. — And the commission does therefore sentence them, Juan Victoria, and 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 281 

Juan Tiaiio, natives, and each of them, "To be confined at hard labor at such place 
as the reviewing authority may direct, for the period of their natural lives." 

In the foregoing case it appears that these accused, Juan Victoria and Juan Tiaiio, 
at San Augustin, Xueva Ecija, about December 4, 1900, forcibly seized, feloniously 
assaulted and carried away, against his will, one Romano Debino, who has not since 
been seen or heard of, and that the motive rested on the personal animosity of 
accused Juan Victoria, against the victim. 

The seizure, assault, and kidnapping are fully proven of record, and a strong pre- 
sumption that the victim was killed arises from his permanent disappearance. Xo 
testimony, denial, or explanation is offered by either of the accused. 

It is noted that the name of Enrique Victoria erroneously appears in the finding of 
the commission, but with no further legal effect than mere surplusage. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place these prisoners, Juan Vic- 
toria and Juan Tiaiio, will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., October?, 1901. 
General Orders, No. 305. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 8, Special Orders, Xo. 194, Headquarters Department of Southern Luzon, July 
13, 1901, and of which Lieutenant-Colonel John G. Leefe, 30th L"^. S. Infantry, was 
president and Captain Palmer E. Pierce, 13th L^. S. Infantry, was judge-advocate, 
was arraigned and tried Fausto Ordiales, a native. 

Charge I. — "Kidnaping." 

Specification 1. — "In that Fausto Ordiales, native, while a prisoner in charge of 
native policeman Doroteo Mateo, did feloniously assault and forcibly kidnap the said 
policeman Doroteo Mateo. This in time of insurrection, at or near the barrio of 
Lico, in the town of Pasay, a place under the military government of the United 
States, on or about the 26th day of January, 1901." 

Specification^. — "In that Fausto Ordiales, native, did enter the house of Miguela 
Vizcarra and feloniously kidnap a certain Maria Vizcarra against her will or con- 
sent. This in time of insurrection, at or near the barrio of Tabon, in the town of 
Pasay, a place under the military government of the L^nited States, on a certain Satur- 
day night in the month of March, 1899." 

Specification 3. — "In that Fausto Ordiales, native, did feloniously kidnap a certain 
Feliciana Vasques against her will or consent. This in time of insurrection, at or 
near the town of Pasay, a place under the military government of the United States, 
on or about the 26th day of January, 1901. 

Charge II. — "Committing rape." 

Specification. — "In that Fausto Ordiales, native, did threaten to commit bodily 
injury on a certain Feliciana Vasques and by means of such threats did succeed in 
having carnal knowledge with her and accomplish the crime of rape on the said 
Feliciana Vasques against her will or consent. This in time of insurrection, at or 
near the town of Pasay, P. I., a place under the military government of the L'nited 
States, on or about the 26th dav of Jaiiuarv, 1901." 

Charge III.— "Assault with "intent to kill." 

Specification 1. — "In that Fausto Ordiales, native, did feloniously assault and attempt 
to kill a certain Maria Vizcarra by shooting at her divers times with a certain fire- 
arm, to wit, one revolver, then in the possession of the said Fausto Ordiales, native. 
This in time of insurrection, in the vicinity of the town of Pasay, P. I., a place under 
the military government of the United States, between the hours of a certain Satur- 
day night and Simday morning, in the month of March, 1899." 

Specification 2. — "In that Fausto Ordiales, native, did feloniously assault and attempt 
to kill a certain Maria Vizcarra with a certain sharp instrument then in the posses- 
sion of the said Fausto Ordiales, native. This in time of insurrection, in the vicinity 
of the town of Pasay, P. I., a place under the military government of the United 
States, between the hours of a certain Saturdav night and Sundav morning in the 
month of March, 1899." 

Charge IV.— "Robbery." 

Specification 1. — "In that Fausto Ordiales, native, did, in company with divers 
unknown persons, feloniously enter the house of Miguela Vizcarra and did rob and 
take from the said house of Miguela Vizcarra divers articles and moneys, to wit, one 



282 CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 

(1) gold rosary, one (1) tumbago rosary, two (2) gold hair combs, one (1) gold 
needle with sotine small pearls, one (1) gold charm with a silver attachment and 
topaz stones, one (1) silver pin with topaz stones, one (1) tumbago pin, two (2) rehc 
holdei^ with tumbago, two (2) desert spoons, and thirty (30) pesos in silver, this 
contrary to the wish or consent of the said Miguela Vizcarra. This in time of insur- 
rection, in the town of Pasay, P. I., a place under the military government of the 
United States, on a certain Saturday night in the month of March, 1899." 

Specijication 2. — "In that Fausto Ordiales, native, did enter the premises of Ber- 
nardino Vy Tiaco and in company with divers other persons did feloniously rob and 
take from him two (2) carabaos and one (1) horse, the property of the said Ber- 
nardino Vy Tiaco: this against the wish or consent of the said Bernardino Vy Tiaco. 
This in time of insurrection, in the town of Pasay, P. I., a place under the military 
government of the United States, on or about the 26th day of January, 1901." 

Specification 3. — "In that Fausto Ordiales, native, did feloniously aid in the rob- 
bery and taking from the person of Doroteo Mateo one (1) shotgun, the property of 
the United States, and a certain sum of money, to wit, eleven pesos and seventy 
cents (11.70 pesos), belonging to the said Doroteo Mateo; this against his will or 
consent. This in time of insurrection, in or near the town of Pasay, P. I., a place 
under the militarv government of the United States, on or about the 26th day of 
Januarv, 1901." 

Plea.—' ' Xot guilty. ' ' 

FixDixG. — Of the first specification, first charge, "guilty;" of the second specifi- 
cation, first charge, "guilty, except of the words 'enter the house of 31iguela Viz- 
carra and,' and of the excepted words, not gmlty;" of the third specification, first 
charge, "guilty;" of the first charge, "guilty;" of the specification, second charge, 
"not guilty;" of the second charge, "not guilty;" of the first specification, third 
charge, "guilty;" of the second specification, third charge, "guilty;" of the third 
charge, "guilty;" of the first specification, fourth charge, "guilty, except of the 
words ' feloniously enter the house of Miguela A^izcarra and did, ' and of the excepted 
words, not guilty;" of the second specification, fourth charge, "guilty;" of the 
third specification, fourth charge, "guilty;" of the fourth charge, "guilty." 

Sextexce. — And the commission does therefore sentence him, Fausto Ordiales, 
native, "To be confined at hard labor, at such a place as the reviewing authority may 
direct, for twenty years." 

In the foregoing case it appears that this accused, Fausto Ordiales, an alleged 
major of a band of so-called insurgents, while in the custody of a native policeman, 
Doroteo Mateo, was rescued by his followers, who then disarmed and kidnaped 
said Mateo at Pasay; that in March, 1889, he kidnaped a native woman, Maria 
Vizcarra, whom he subsequently assaulted with intent to kill by shooting her with 
a revolver and stabbing her, and in January, 1901, he kidnaped another woman, 
Feliciana Vasquez, whom he compelled to live with him as his mistress. Accused 
is shown to have forcibly robbed one ]Miguela Vizcarra of jewelry and money, and 
to have likewise robbed one Bernardino Vy Tiaco of two carabaos and one horse. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which place this accused, Fausto Ordi- 
ales, will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquarters Division of the Philippines, 

Manila, P. I., October 7, 1901. 
General Orders, Xo. 306. 

Before a military commission which convened at Iba, Zambales, Luzon, P. I. , pur- 
suant to paragraph 4, Special Orders, Xo. 148, Headquarters Department of Xorthern 
Luzon, September 23, 1900, and of which Capt. Harry A. Leonhaeuser, 25th U. S. 
Infantry, was president, and Second Lieut. Harol D. Coburn, 25th U. S. Infantry, 
was judge-advocate, was arraigned and tried: Monico Escalante, native. 

Charge. — ' ' Murder. ' ' 

Specification, — " In that Monico Escalante, a native resident of Candelaria, Zam- 
bales, P. I., did, consorting with a band of outlaws, number unknown, under his 
command on or about March 25, 1900, in time of insurrection near Quinatobanan, a 
barrio of Candelaria, Zambales, P. I., a place within territory occupied by United 
States troops, feloniously and with malice aforethought kill and murder Jose Honro- 
bia, a native, inflicting on him wounds by striking him with bolos and a club held 
in the hands of said Escalante and of said band, from which the said Jose Honrobia, 
then and there died." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 283 

Plea.— "Not guilty." 

Finding. — Of the specification, "guilty, except the word 'bolos,' substituting there- 
for the words 'the butt of a gun,' and of the excepted word, not guilty, and of the 
substituted words guilty. Of the charge, 'guilty.' " 

Sentence. — And the commission does therefore sentence him, Monico Escalante, 
native, ' ' To be confined at hard labor, at such place as the reviewing authority may 
direct, for the term of his natural life." 

In the foregoing case it appears that this accused, Monico Escalante, in company 
of and a leader of an armed band of outlaws, repaired to a house at Candelaria, 
Zambales, in the night time, on March 25, 1900, seized therefrom one Jose Honrobia, 
bound him, conveyed him to the fields, and killed him by striking him with a club 
and the butt of a rifle. No motive for the crime aj^pears of record. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which place this accused, Monico 
Escalante, will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarteks Division of the Philippines, 

Manila, P. L, October 18, 1901. 
General Orders, No. 317. 

Before a military commission which convened at Palanoc, island of Masbate, P. I., 
pursuant to paragraph 5, Special Orders, No. 11, Headquarters Department of South- 
ern Luzon, January 11, 1901, and of which Captain Abner Pickering, 2d U. S. Infan- 
try, was president, and Captain 'Peter E. Marquart, 2d U. S. Infantry, was judge- 
advocate, were arraigned and tried : 

I. Cornelio Largo, Gobino Lachaco, and Parlencio Oliap, natives. 
Charge. — " Murder. ' ' 

Specification. — "In that Cornelio Largo, Gobino Lachaco, and Parlencio Oliap, 
natives, and each of them, did feloniously and with malice aforethought murder and 
kill Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel Echevarria, 
Severo Echevarria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga, 
and Antonio Caldeville, natives, and each of them, by shooting, cutting, stabbing, 
and striking them, the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, 
Ysabel Echevarria, Severo Echevarria, Luciano Echevarria, Candido de los Reyes, 
Dionicio Bedarugga, and Antonio Caldeville, with guns, revolvers, knives, bolos, and 
clubs held in the hands of the said Cornelio Largo, Gobino Lachaco, and Parlencio 
Oliap, then and there inflicting upon the persons of the said Antonio Echevarria, 
Juan Echevarria, Julian Echevarria, Ysabel Echevarria, Severo Echevarria, Luciano 
Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville 
wounds whereof they, the said Antonio Echevarria, Juan Echevarria, Julian Eche- 
varria, Ysabel Echevarria, Severo Echevarria, Luciano Echevarria, Candido de los 
Reyes, Dionicio Bedarruga, and Antonio Caldeville, and each one of them, then and 
there died. This at or near the pueblo of Naro, island of Masbate, P. I., on the 14th 
day of August, 1900. This in time of insurrection and while the said island of Mas- 
bate was under jurisdiction of the United States." 

Pleas.— "Not guilty." 

Findings. — Cornelio Largo, "guilty." Gobino Lachaco and Parlencio Oliap, 
"not guilty." 

Sentence. — And the commission does therefore sentence him, Cornelio Largo, 
native, "to he hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

And the commission does therefore "acquit" them, Gobino Lachaco and Parlencio 
Oliap, natives, and each of them. 

II. Pedro Alendido, native. 
Charge. — Murder. 

Specification. — "In that Pedro Atendido, Augustin Sagalo, Pedro Abejero, and 
Quintin IVIacaydor, natives, and each of them, did feloniously and with malice afore- 
thought murder and kill Antonio Echevarria, Juan Echevarria, Julian Echevarria, 
Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria. 
Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga and Antonio Calde- 
ville, natives, and each of them, by shooting, cutting, stabbing, and striking them, the 
said Antonio Echevarria, Juan Echevarria, Julian Echevaria, Ysabel Echevarria, 
Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano Echevarria, 
Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville with guns, revolv- 



284 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

ers, knives, bolos, and clubs, held in the hands of the said Pedro Atendido, Augustin 
Sagalo, Pedro Abejero, and Qnintin Macaydor, then and there inflicting upon the 
persons of the said Antonio Echevarria, Juan Echevarria, Julian Echevarria, Ysabel 
Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Echevarria, Luciano 
Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio Caldeville, 
wounds whereof they, the said Antonio Echevarria, Juan Echevarria, Julian Eche- 
varria, Ysabel Echevarria, Niconedas Echevarria, Lucio Echevarria, Severo Eche- 
varria, Luciano Echevarria, Candido de los Reyes, Dionicio Bedarugga, and Antonio 
Caldeville, and each of them, then and there died. This at or near the pueblo of 
Faro, island of Masbate, P. I., on the 14th day of August, 1900." 

Plea. — ''Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Pedro Atendido, 
native, "to be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing cases it appears that these accused, Pedro Atendido and Cornelio 
Largo, in company of and consorting with an armed band of tulisanes, killed with 
bolos, rifles, and daggers eleven members of the Echevarria family at Naro, Masbate, 
August 14, 1900, for the sole reason that the victims were Spaniards. Women and 
children were included in the killings, and the dead bodies were subsequently tied 
up in sacks and thrown into the river. 

No reasonable doubt as to the active participation of the accused in the barbarous 
crime arises from the record. As, however, the more responsible participators in 
this crime have paid the penalty thereof with their lives, the sentences against these 
accused, Pedro Atendido and Cornelio Largo, are commuted to imprisonment at 
hard labor for the period of their natural lives. As thus commuted, the sentences 
"will be duly executed at the Presidio de Manila, to which these prisoners will be 
sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., October 22, 1901. 
General Orders, No. 322. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 4, Special Orders, No. 23, headquarters provost-marshal -general (Separate 
Brigade, Provost Guard), January 30, 1901, and of which Major William H. Bishop, 
36th Infantry, United States Volunteers, was president, and Captain Warren H. Ickis, 
36th Infantry, U. S. Volunteers, was judge-advocate, was arraigned and tried Pedro 
Franco, a native. 

Charge. — " Murder. ' ' 

Specification. — "In that he, Pedro Franco, native, on or about the first day of Feb- 
ruary, 1901, a time then, as now, of insurrection against the lawful authority of the 
United States, at Manila, Luzon, P. I., a place then, as now, occupied by the troops 
of the United States, did willfully, feloniously and with malice aforethought kill and 
murder one Engracio Marty, alias Eugenio Marte, a native, by stabbing him, the 
said Marty, alias Marte, with a dangerous weapon, the exact description of which is 
unknown, then and there had and held in the hands of the said Pedro Franco, 
inflicting wounds therewith upon the person of the said Marty, alias Marte, whereof 
the said Marty, alias Marte, then and there died." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, the said Pedro 
Franco, native, "To be confined at hard labor, at such place as the reviewing author- 
ity may direct, for twenty-five (25) years." 

In the foregoing case it appears that this accused, Pedro Franco, stabbed in the 
abdomen and killed one Engracio Marty, on the streets of Manila, about February 
1, 1901. The declaration of deceased before death and contradictory statements of 
accused preclude the probability of the killing being justifiable as contended by the 
defense. 

The sentence, approved by the convening authority, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 285 

Headquarters Division of the Philippines, 

Manila, P. I., October 22, 1901. 
General Orders, No. 323. 

Before a military commission which convened at Capiz, Panay, P. I., pursuant to 
paragraph 4, Special Orders, No. 139, May 31, 1901, Headquarters Department of the 
Visayas, and of which Captain William F. Grote, 18th U. S. Infantry, was president, 
and 1st Lieutenant Walter S. McBroom, 18th V . S. Infantry, was judge-advocate, was 
arraigned and tried Florentino Oreta, a native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that on or about the 2d day of March, 1901, then as now a time 
of insurrection against the authority of the United States, at or near the barrio of 
Agmalobo, Pueblo of Ivisan, Province of Capiz, Island of Panay, P. I., a place then 
as now under the military government and jurisdiction of the United States, one 
Florentino Oreta, a native, did willfully, feloniously, and with malice aforethought 
kill and murder one Francisco Oreta, by stabbing him three times, twice in the left 
breast near the left nipple and once in the stomach, with a bolo or other sharp- 
pointed instrument held in the hands of the said Florentino Oreta, from which 
wounds, inflicted as aforesaid, the said Francisco Oreta did then and there die." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Florentino Oreta, a 
native, "To be confined at hard labor at such place as the reviewing authority may 
direct for the period of his natural life. ' ' 

In the foregoing case it appears that the accused, Florentino Oreta, about March 2, 
1901, at barrio of Agmalobo, Island of Panay, stabbed and killed his brother Fran- 
cisco Oreta in consequence of a quarrel arising out of deceased attempting to induce 
accused to join the insurgents under threat of death in the event of his refusal. 
Although the actual killing is presumptively proven by a complete chain of circum- 
stantial evidence and admitted by accused, no eyewitness saw the scene and the 
record is silent as to whether the deed was done in the heat of struggle. 

The sentence, approved by the department commander, is confirmed but mitigated 
to imprisonment at hard labor for the term of twenty years. As thus commuted, 
the sentence will be duly executed at the Presidio de Manila, to which the prisoner 
will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., October 25, 1901. 
General Orders, No. 327. 

Before a military commission which convened at Iloilo, Panay, P. I., pursuant to 
paragraph 3, Special Orders, No. 70, Headquarters Department of the Visayas, March 
16, 1901, and of which Major Henry S. Turrill, surgeon, U. S. Army, was president, 
and Captain Edwin F. Glenn, 25th U. S. Infantry, was judge-advocate, was arraigned 
and tried Juan Olivar, a native. 

Charge I. — "Murder." 

Specification. — "In that Juan Olivar, a native, on or about the 11th day of July, 
1900, then as now, a time of insurrection, at or near the barrio of Anero, pueblo of 
Mina, Province of Iloilo, Panay, P. I., a place, then as now, in the theater of active 
military operations, in company of and consorting with a band of armed outlaws, the 
number unknown, commanded and led by the said Juan Olivar, did, willfully, felo- 
niously, unlawfully, and with malice aforethought kill and murder one Teodoro 
Labrador, native, by cutting and wounding him, the said Teodoro Labrador, with 
sharp instruments, to wit, bolos, held in the hands of the said Juan Olivar, and each 
and every of the said band of armed outlaws, whereof he, the said Teodoro Labrador, 
then and there died." 

Char(;e II. — " Assault and battery, in violation of the laws and usages of war." 

Specification. — " In that Juan Olivar, a native, on or about the 11th day of July, 
1900, then as now, a time of insurrection, at or near the barrio of Anero, pueblo of 
Mina, Province of Iloilo, Panay, P. I., a place, then as now, in the theater of active 
military operations, in company of and consorting with a band of armed outlaws, to 
the number unknown, did feloniously, willfully, unlawfully, and without just provo- 
cation assault one Teodoro Labrador, a native, and him, the said Teodoro Labrador, 
lie the said Juan Olivar, did beat, wound, and illtreat with bolos and guns, with 
intent him, the said Teodoro Labrador, to kill and murder." 



286 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Charge III. — " Robbery, iu violation of the laws and usages of war." 

Specification. — "In that Juan Olivar, a native, on or about the 11th day of July, 
1900, then as now, a time of insurrection at or near the barrio of Anero, pueblo of 
Mina, Province of Iloilo, Panay, P. I., a place, then as now, in the theater of active 
military operations, in company of and consorting with a band of armed outlaws to 
the numl^er unknown, did willfully and feloniously take, steal, and carry away 78 
carabao, to the value of 81,560, Mexican currency; one (1) cow, to the value of 820, 
Mexican currency; 800 pesos, to the value of 8400, United States currency; two guns, 
each of the value of 82; one revolver, to the value of 82, the property of and in the 
lawful possession of Teodoro Labrador, a native, with the intention to deprive him, 
the saicl Teodoro Labrador, of the use thereof and to convert the same to his own 
use and purposes, and to the use and purposes of each and every of his companions." 

Plea. — " Xot ofuiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Juan Olivar, native, 
" to be hanged by the neck till dead, at such time and place as may be directed by the 
reviewing authority, two-thirds of the members concurring in the death sentence." 

In the foregoing case it appears that this accused, Juan Olivar, was the leader of a 
band of ladrones that made an attack upon the house of Teodoro Labrador, then 
presidenteof Mina, Panay, captured him, his brother, wife, grandmother, godmother, 
small daughter, and a policeman. The grandmother, godmother, and daughter were 
shot to death in the vicinity of the capture, Labrador, his wife, and the policeman 
were conveyed to an isolated spot and killed with bolos, while the brother effected 
his escape. Incidentally the accused and his band robbed Labrador of 78 carabao, 
one cow, 800 pesos, 2 guns, and one revolver. 

On the above state of facts, accused is charged solely with the murder of Labrador, 
assault upon him with intent to kill, and robbery. Of these charges he is found 
guilty. Why the brutal murder of three women, one small girl, and the policeman 
were not included in the charges is not understood, and the finding of the commis- 
sion that accused is guilty of murder of Labrador, and also guilty of assault upon him 
Avith intent to kill, is legally illogical, as the latter offense is a minor one included in 
the former, the greater comprehending the lesser. For this reason the finding relat- 
ing to the 2d charge is disapproved. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed against this accused, Juan Olivar, at Iloilo, Panay, P. L, on the sixth 
(6th) day of December, A. D. 1901, under the direction of the commanding general. 
Department of the Yisayas. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., October 25, 1901. 
General Orders, Xo. 328. 

Before a military commission, which convened at San Fernando de la I'nion, Luzon, 
P. I., pursuant to paragraph 9, Special Orders, Xo. 143, Headquarters Department of 
Northern Luzon, May 25, 1901, and of which Lieutenant-Colonel Samuel M. Swigert, 
13th Y . S. Cavalry, was president, and Captain Edward Sigerfoos, 5th L". S. Infantry, 
was judge-advocate, was arraigned and tried Lorenzo Andaya, a native. 

Charge. — "Murder, in violation of the laws of war." 

Specification 1. — "In that he, Lorenzo Andaya, native, of Tagudin, Ilocos Sur, did, 
willfully, feloniously, and with malice aforethought kill and murder one Pedro Carino, 
a peaceful inhabitant of Aniarao, San Jose, Ilocos Sur, by striking him with an iron 
bar held in the hands of the said Lorenzo Andaya, inflicting wounds whereof the 
said Pedro Carino then and there died. This at or near Rancheria Quintabungao, 
San Jose, Ilocos Sur, Luzon, P. I., territory occupied by U. S. forces on or about 
January, 1901, a time of insurrection." 

Specification 2. — "In that he, Lorenzo Andaya, native, of Tagudin, Ilocos Sur, did, 
willfully, feloniously, and with malice aforethought, kill and murder one Gregorio 
Paredes, a peaceful native of Santa Cruz, Ilocos Sur, Luzon, P. L, by striking him 
with an iron bar held in the hands of the said Lorenzo Andaya, a native of Tagudin, 
Ilocos Sur, inflicting wounds whereof the said Paredes then and there died. This at 
or near Rancheria Mapolina, San Jose, Ilocos Sur, Luzon, P. I., territory occupied 
by U. S. forces, on or about March, 1901, a time of insurrection." 

Plea. — To the first specification, "guilty, excepting the words, 'willfully, feloni- 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 287 

ously, and with malice aforethought,' and the words, 'and murder;' to the excepted 
words, not guilty." To the second specification, " not guilty." To the charge, "not 
guilty." 

Finding.— "Guilty." 

Sentence. —And the commission does therefore sentence him, Lorenzo Andaya, a 
natiye, "to be hanged by the neck until he is dead, at such time and place as the 
reyiewing authority may direct, two-thirds of the members of the commission con- 
curring therein." 

In the foregoing case of Lorenzo Andaya, natiye, it appears the accused was an 
insurgent soldier, and that haying receiyed an order from his chief to kill two peaceful 
men who had been denounced as American spies, he, with ready alacrity, performed 
his murderous task substantially in the manner and form as charged. 

In this, as in numberless other cases, a prominent feature is the unreasoning obedi- 
ence of the Filipino to his chief. If the accused had eyen a faint perception of the 
truth that the order of his chief was unlawful he made no sign, but rather by his 
ready compliance therewith raised the presumption that he was gratifying his own 
inclination in taking the liyes of his peaceful neighbors. 

As guerrilla and all other bandit chiefs haye no shadow of lawful authority to take 
the liyes of the inhabitants of these islands, and as it is the duty of the United States 
to protect all in the enjoyment of their liyes and property, the warning, often giyen, 
will be repeated until all shall heed it, that both the chiefs who order and the fol- 
lowers who obey their orders to do murder must, upon conyiction thereof, expect to 
suffer the extreme penalties of the law. 

Filipino men should learn to exercise their courage and manly discretion by refus- 
ing to do murder merely because some infamous chief tells them so to do. 

The sentence, approyed by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the period of fifteen (15) years. As thus 
commuted, the sentence will be duly executed at the Presidio de Manila, to which 
the accused will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquartees Division of the Philippines, 

Manila, P. L, October 26, 1901. 
General Orders, No. 329. 

Before a military commission which conyened at Iloilo, Panay, P. I. , pursuant to 
paragraph 3, Special Orders, No. 70, Headquarters Department of the Visayas, March 
16, 1901, and of which Lieutenant-Colonel Charles J. Crane, 38th Infantry, U. S. 
Volunteers, was president, and Captain Edwin F. Glenn, 25th U. S. Infantry, was 
judge-adyocate, was arrainged and tried Ygnacio Siaotong, a natiye. 

Charge. — ' ' Murder. ' ' 

Specification. — " In that on or about the fifteenth day of September, 1900, then as 
now a time of insurrection, at or near the pueblo of Baratoc Nueyo, island of Panay, 
P. I., a place then as now under the military goyernment and occupation of the 
United States, one Ygnacio Siaotong, a natiye, in company of and consorting with 
one Margarite Kobles, a natiye, did violently and forcibly assault and detain one 
Consolacion Baston, a native woman, and did willfully, feloniously, and with malice 
aforethought, kill and murder the said Consolacion Baston, a native woman, in the 
manner and form following, to wit : By then and there digging and causing to be dug 
a grave or hole in the ground, and by then and there, forcibly and against her will, 
placing or causing to be placed the said Consolacion Baston in said grave or hole in 
the ground, thereafter refilling the said grave or hole in the ground so dug as afore- 
said, covering the body of the said Consolacion Baston, while still alive, with dirt 
to the depth of three (3) or more feet, thereby then and there and in the manner 
and form as aforesaid causing the death of the said Consolacion Baston," 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Ygnacio Siaotong, 
native, " to be hanged by the neck till dead, at such time and place as the reviewing 
authority may designate, two-thirds of the members concurring in the death 
sentence." 

In the foregoing case it appears that this accused, Ygnacio Siaotong, was an insur- 
gent leader of volunteers operating against the American Government after having 
taken the oath of allegiance to that CTOvernment; that on September 15, 1900, at 



-88 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Baratoc Xuevo, Panay, he forcibly seized a native woman suspected of friendliness 
to the Americans and" caused his "followers to convey her to an isolated spot in the 
fields where a newly-made grave had been prepared. Into this grave his victim 
was made to lie down and be suffocated with the earth filled in upon her. 

No reasonable doubt as to the full guilt of accused in this barbarous and most 
.cowardly murder of a defenseless woman arises from the evidence. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Baratoc Xuevo, Panay, P. I., on the thirteenth (^13th) day of 
December, A. D. 1901, under the direction of tlie commanding general, Department 
■of the Visayas. 

Bv con^mand of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquakters Division of the Philippines, 

Manila, P. I., October 26, 1901. 
General Orders, Xo. 330. 

Before a military commission which convened at Baliuag, province of Bulacan, 
Luzon, P. I., pursuant to paragraph 4, Special Orders, Xo. 212, Headquarters Depart- 
ment of Northern Luzon, August 6, 1901, and of which Captain James H. McRae, 3d 
Y. S. Infantry, was president and 2d Lieutenant Robert I. Rees, 3d U. S. Infantry, 
was judge-advocate, was arraigned and tried Luis Bernabe, a native. 

Charge. — " Murder. ' ' 

Specification. — "In that he, Luis Bernabe, a so-called sergeant of insurgents, on or 
about the 31st day of October, 1900, then as now a time of insurrection, at or near the 
sitio of Culoong, pueblo of San Jose, Bulacan, P. I., a place then as now under the 
military authority of the L^nited States, in company of and consorting with a band 
of outlaws armed with rifles and bolos, numbers and names unknown, did willfully, 
feloniously, and with malice aforethought kill and murder Francisco Pascual and 
Cayetano Pascual, by striking them, and causing them to be struck, with bolos held 
in the hands of members of said band, inflicting therewith wounds from which said 
Francisco Pascual and Cayetano Pascual, and each of them, then and there, or shortly 
-afterwards, died." 

Plea.— " Xot guilty." 

Finding. — " Guilty." 

Sentence. — And the commission does therefore sentence him, Luis Bernabe. native, 
''to be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring." 

In the foregoing case it appeal's that the accused, Luis Bernabe, an insurgent ser- 
geant, in company of soldiers under his command seized at Culoong, San Jose, Bula- 
can, about October 31, 1900, two natives suspected of fi'iendliness to the Americans, 
conveyed them to an insurgent camp and there stabbed them to death. 

The seizure of peaceful natives in their homes and murdering them merely because 
they are accused by some evil-minded persons of being Ainericanistas is not war but 
wanton assassination. The commanding general owes to all law-abiding men the 
most effective means in his power for their protection, and the warning, often given, 
is repeated that all who order and all who engage in the murder of men friendly to 
the Americans or for any other unlawful motive must expect the extreme penalty of 
the law. 

No mitigating circumstances appear of record in this case nor doubt of the criminal 
responsibility of this accused as a principal for the crime charged. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at Baliuag, province of Bulacan, Luzon, P. I., on the twenty-second 
(22d) day of November, A. D. 1901, under the direction of the commanding general, 
Department of Northern Luzon. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I.. October £6, 1901. 
General Orders. No. 331. 

Before a military commission which convened at Capiz, Panay, P. I., pursuant to 
paragraph 4, Special Orders, No. 229, Headquarters Department of the Visayas, 
December 19, 1900, and of which Capt. David C. Shanks, 18th U. S. Infantry, "was 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 289 

president, and First Lieut. Ora E. Hunt, 18th U. S. Infantry, was judge-advocate, 
was arraigned and tried Kaymundo Fonte, a native. 

CharcxE.—" Murder." 

Specification. — "In that on or about the 19th day of December, A. D. 1900, then as 
now a time of insurrection against the authority of the United States, at or near the 
pueblo of Panay, Island of Panay, Philippine Islands, a place then as now under the 
military jurisdiction and government of the United States, one Kaymundo Fonte, a 
native, did feloniously, willfully, and with malice aforethought kill and murder one 
Liberato Benliro, a native, by striking him a blow or blows upon the throat with a 
sharp instrument commonly called a saguan, held in the hands of the aforesaid 
Raymundo Fonte, from which blows the said Liberato Benliro then and there died." 

Plea.— "Not guiltv." 

Finding.— "Guilty." _ ' _ 

Sentence. — And the commission does therefore sentence him, Raymundo Fonte, 
native, " to be hung by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case it appears that this accused Eaymundo Fonte, about Decem- 
ber 19, 1900, near the pueblo of Panay, Island of Panay, angered by his working 
companion, Liberato Benliro, sleeping in his boat, killed him with a blow of an oar, 
then cut off his ears and nose, took out his liver and intestines, and, according to his 
confession, cooked and ate the same. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at Capiz, Panay, P. I, on the thirteenth (13th) day of December, 
A. D. 1901, under the direction of the commanding general. Department of the 
Visayas. 

Bv command of Major General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquarters Division of the Philippines, 

Manila, P. I., October £9, 1901. 
General Orders, No. 333. 

Before a military commission which convened at San Fernando de la Union, Luzon, 
P. I., pursuant to paragraph 9, Special Orders, No. 143, Headquarters Department of 
of Northern Luzon, May 25, 1901, and of which Lieutenant-Colonel Samuel M. 
Swigert, 13th U. S. Cavalry, was president, and Captain Edward Sigerfoos, 5th U. S. 
Infantry, was judge-advocate, were arraigned and tried: 

Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio 
Loada, Ancelmo Balancio, Cayetano Abellera, Aniceta Flora, Bartolome Soriano, 
Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno Soriano, natives. 

Charge L— "Murder." 

Specification. — "In that Espiritu Flora, Mariano Abellera, Innocencio Abellera, 
Calixto Genove, Pelagio Loada, Ancelmo Balancio, Cayetano Abellera, Aniceto 
Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and 
Eleno Soriano, consorting with each other as a band of outlaws under the leadership 
of one Mateo Sandoval, did willfully, feloniously, and with malice aforethought 
attack, kill, and murder Gevino Estavillo, Mariano Sabado, Cesario Sabada, Isidoro 
Estipular, Narcisco Tangalin, Leon Rilles, Maximo Dumo, all of them peaceful 
natives of the pueblo of Naguillian, Union Province, with bolos, inflicting upon each 
of them wounds of which they did, each and all, there and th*en die. This in the 
barrio of Magungunay, pueblo of Naguillian, Union Province, a place then, as now, 
in territory occupied by United States forces, on or about December 15, 1900, then, 
as now, in time of insurrection against the United States." 

Charge II.— "Assault with intent to kill." 

Specification. — "In that the said Espiritu Flora, Mariano Abellera, Innocencio 
Abellera, Calixto Genove, Pelagio Loada, Ancelmo Balancio, Cayetano Abellera, 
Aniceta Flora, Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido 
Padaoan, and Eleno Soriano, consorting with each other as a band of outlaws under 
the leadership of one Mateo Sandoval, did assault with intent to kill one Potenciano 
Floresca, with bolos in the hands of the said outlaws. This at the barrio of INIagun- 
gunay, pueblo of Naguillian, province of Union, a place then as now, in territory 
occupied by the United States forces, on or about December 15, 1900, then as now 
in time of insurrection against the United States." 

Plea.— "Not guilty. "^ 

S. Doc. 205, pt 2 19 



290 CHARGES OF CKUELTY, ETC., TO FILIPINOS. 

FixDiXG. — Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, 
Pelagio Loado, and Ancelmo Balancio, and each of them, "guihy." 

Cayetano Abellera, Aniceta Flora, Bartolome Soriano, Alejandro Genove, Isidoro 
Genove, Placido Padaoan, and Eleiio Soriano, and each of them, " not guilty." 

Sextexce. — And the commission does therefore sentence them, Espiritu Flora, 
Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio Loada, and Ancelmo 
Balancio, natives, and each of them, "to be confined at hard labor at such place as 
the reviewing authority may direct, for a period of twenty years." 

And the commission does therefore "acquit" Cayetano Abellera, xVniceta Flora, 
Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno 
Soriano, and each of them. 

In the foregoing case of Espiritu Flora, Mariano Abellera, Innocencio Abellera, 
Calixto Genove, Pelagio Loada, Ancelmo Balancio, Cayetano Abellara, Aniceta Flora, 
Bartolome Soriano, Alejandro Genove, Isidoro Genove, Placido Padaoan, and Eleno 
Soriano, natives, who were jointly tried, it appears from the evidence that of these 
accused, Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, 
Pelagio Loada, and Ancelmo Balancio, were outlaws; and as a band assaulted and 
killed with bolos five peaceful natives, who were returning from work on a building 
being constructed for the American troops, and also two other men, natives, by tak- 
ing said two natives from their homes, boloing them to death and incidentally rob- 
bing the wdfe of one of the deceased of 20 pesos and other valuables. 

Of the party of w^hom five were hacked to death with bolos, one, left for dead, 
revived, and after three months in hospital recovered from his wounds. From his 
testimony, the dying declaration of one, and the testimony of the wdfe of another of 
the victims, corroborated by circumstantial evidence, six of these accused w^ere iden- 
tified, beyond a reasonable doubt, as active participators in this crime. 

The sentence, approved by the department coinmander, is confirmed against 
Espiritu Flora, Mariano Abellera, Innocencio Abellera, Calixto Genove, Pelagio 
Loada, and Ancelmo Balancio, and will be duly executed at the Presidio de ^Manila, 
to which they and each of them will be sent under proper guard. 

The accused Cayetano Abellera, Aniceta Flora, Bartolome Soriano, Alejandro 
Genove, Isidoro Genove, Placido Padaoan, and Eleno Soriano, and each of them, 
will be released from confinement. 

Bv command of Major-General Chaffee. 

W. P. Hall, 
A ssistant A djutant- General. 



Headquarters Division of the Philippixes, 

Manila, P. 7., November 6, 1901. 
General Orders, No. 339. 

Before a military commission which convened at San Felipe Neri, Province of 
Manila, Luzon, P. I., pursuant to paragraph 14, Special Orders, No. 56, Pleadquarters 
Department of Northern Luzon, February 27, 1901, and of which Major Calvin D. 
Cowles, 17th U. S. Infantry, was president, and 1st Lieutenant Charles R. Howland, 
20th L". S. Infantry, w^as judge-advocate, were arraigned and tried: 

Leonardo de Posoy, Caledonio Javier, Pablo Anorma, Florentio Antonio, alias 
"Prudencio," Santiago Gadapia, alias "Baldado," Pastor Santos, and Francisco 
Felizardo, alias "Quicoy," natives. 

Charge. — ' ' Murder. ' ' 

Specitication 1. — "In that Leonardo de Posoy, Caledonio Javier, Pablo Anorma, 
Florentio Antonio, alias 'Prudencio,' Santiago Gadapia, alias 'Baldado,' Pastor 
Santos, and Francisco Felizardo, alias 'Quicoy,' natives, and each of them constitut- 
ing, W'ith others, names and numbers unknown, an armed band of outlaws, did 
wdlfully, feloniously, and with malice aforethought, kill and murder one Felipe 
Escamilla, native, and one Honorio, last name unkno^vn, native, by striking the 
said Felipe Escamilla, native, and the said Honorio, last name unknown, native, with 
a bar of iron or other blunt instrument, and by burying the said Felipe Escamilla, 
native, and the said Honorio, last name unknown, native, alive; thereby causing the 
death of the said Felipe Escamilla, native, and of the said Honorio, last name 
unknown, native. This on or about May 1, 1900, in the pueblo of Taytay, Province 
of Morong, Luzon, P. I., a place then, as now, occupied by the armed forces of the 
L'nited States of America, and during a time then, as now, of insurrection against 
the United States of America." 

Specification 2. — "In that Leonardo de Posoy, Caledonio Javier, Pablo Anorma, 
Florentio Antonio, alias 'Prudencio,' Santiago Gadapia, alias 'Baldado,' Pastor 
Santos, and Francisco Felizardo, alias 'Quicoy,' natives, and each of them, consti- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 291 

tilting, with others, names and numbers miknown, an armed band of outlaws, did, 
wilfully, feloniously, and with malice aforethought, kill and murder one Monico 
Garivalles, native, and one Gregorio Garivalles, native, by striking the said Monico 
Garivalles, native, and the said Gregorio Garivalles, native, with a bar of iron or 
other blunt instrument, and by burying the said Monico Garivalles, native, and the 
said Gregorio Garivalles, native, alive; thereby causing the death of the said Monico 
Garivalles, native, and the said Gregorio Garivalles, native. This on or about July 
16, lyOO, in the pueblo of Taytay, Province of JMorong, Luzon, P. I., a place then, as 
now, occupied by the armed forces of the United States of America, and during a 
time then, as now, of insurrection against the United States of America." 

Specifications. — "In that Leonardo de Posoy, Caledonio Javier, Pablo Anorma, 
Florentio Antonio, alias 'Prudencio,' Santiago Gadapia, alias 'Baldado,' Pastor 
Santos, and Francisco Felizardo, alias 'Quicoy,' natives, and each of them, consti- 
tuting, with others, names and numbers unknown, an armed band of outlaws, did, 
wilfully, feloniously, and with malice aforethought, kill and murder one Juan Lucas, 
native, by burying him, said Juan Lucas, alive, thereby causing the death of said 
Juan Lucas, native. This on or about August 15, 1900, in the pueblo of Taytay, 
Province of Morong, Luzon, P. I., a place then, as now, occupied hy the armed forces 
of the United States of America, and during a time then, as now, of insurrection 
against the United States of America." 

Speclficatmi 4- — "In that Leonardo de Posoy, Caledonio Javier, Pablo Anorma, 
Florentio Antonio, alias 'Prudencio,' Santiago Gadapia, alias 'Baldado,' Pastor 
Santos, and Francisco Felizardo, alias 'Quicoy,' natives, and each of them, consti- 
tuting, with others, names and numbers unknown, an armed band of outlaws, did, 
wilfully and feloniously and with malice aforethought, kill and murder one Perfecto, 
last name unknown, native, by striking the said Perfecto, last name unknow^n, native, 
with bolos and with blunt instruments, inflicting thereby wounds whereof the said 
Perfecto, last name unknown, native, did then and there die." 

"This on or about December 10, 1900, in the pueblo of Taytay, province of 
Morong, Luzon, P. L, a place, then as now, occupied by the armed forces of the 
United States of America, and during a time, then as now, of insurrection against the 
United States of America." 

Upon motion of his counsel, the accused, Leonardo de Posoy, was granted a sev- 
erance in the case, with leave for a separate trial. 

The other accused, Caledonio Javier, Pablo Anorma, Florentio Antonio, alias 
"Prudencio," Santiago Gadapia, alias "Baldado," Pastor Santos, Francisco Felizardo, 
alias ' ' Quicoy, ' ' all and each of them pleaded as follows : 

Pleas.— "Not guilty." 

Findings.— "Guilty." 

Sentence. — And the commission does therefore sentence them, the accused, Cale- 
donio Javier, Pablo Anorma, Florentio Antonio, alias "Prudencio," Santiago Gada- 
pia, alias "Baldado," Pastor Santos, and Francisco Felizardo, alias "Quicoy," and 
each of them, "to be hanged by the neck until they are dead, at such time and place 
as the reviewing authority may direct, two-thirds of the members of the commission 
concurring therein." 

In the foregoing case of Caledonio Javier, Pablo Anorma, Florentio Antonio, alias 
"Prudencio," Santiago Gadapia, alias "Baldado," Pastor Santos, and Francisco 
Felizardo, alias "Quicoy," natives, who were jointly tried, the record covers more 
than 1,200 pages of typewritten matter, much of which is due to an unending con- 
tention between counsel for the accused and the judge-advocate, arising chiefly upon 
the theory of the prosecution that a conspiracy had been entered upon by these 
accused to accomplish the crimes charged. After sufficient evidence had been 
adduced to lay the foundation for the conspiracy, and the commission had repeatedly 
ruled upon the admissibility of the evidence upon its inception, progress, and accom- 
plishment, counsel, in disregard of the rules of evidence and the repeated rulings of 
the commission, iterated and reiterated his objections in arguments of such weari- 
some length as to raise the presumption that his intent was more to vex the commis- 
sion into some fatal irregularity than to aid in the elucidation of the truth. 

Such a course of proceeding detracts from the dignity and value of any tribunal, 
and the commission would have been amply justified in im])Osing limits upon coun- 
sel by which half its time might have been saved and half the bulk of its padded 
record avoided. 

For the future guidance of military commissions, a few of the well-established 
principles of law and procedure in cases of cons]nracy, are here laid down. 

The object of the conspiracy is only so far material as it may determine the char- 
acter of the joint intent and agreement. It is not necessary to constitute the offense 
that the conspirators should have come together and agreed in express terms to unite 



292 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

for a common oljject. An implied common understanding is sufficient so far as the 
combination or confederacy is concerned to constitute the offense. One accused of 
conspiracy need not be the original instigator of the criminal purpose. There is no 
material distinction in law between those who primarily form the design and those 
who subsequently enter into it with a knowledge of its character. 

Coconspirators may be added to a conspiracy already complete by joining in the 
common intent and agreeing to further the design already entered upon by the orig- 
inal conspirators. A conspiracy to commit a crime of higher grade than the offense 
of conspiracy merges into the crime upon its accomplishment. Conspiracy may be 
proven inferentially by circumstantial evidence; not only may, but ordinarily must 
be so proven. The conspiracy once being formed, the act of one conspirator in pur- 
suance thereof is binding upon and assumed to be the act of each and all of the 
others. 

A commendable feature of this case is found in the evident intention of the com- 
mission to spread upon the record, for the benefit of the reviewing authority, evidence 
of the habits, customs, and moral perceptions of the residents of Taytay, taken as a 
typical community of natives, principally Tagals, living in the near vicinity of ^lanila; 
and by common knowledge now well known to be typical of the major part of the 
inhabitants of central and southern Luzon. Going outside of the strict limits of 
ordinary procedure for the purpose indicated is in accord with well-established mili- 
tary custom, and is especially valuable to the reviewing authority under the condi- 
tions prevailing in these islands. 

It appears from the evidence that these accused were soldiers of the insurgent army 
prior to the time when it was dispersed by the American forces in November, 1899, 
after which the so-called insurgent government possessed neither a capital nor an 
army in the field, and resistance to the military forces and lawful government of the 
L'nited States had, by proclamation of the insurgent chiefs, been expressly confined 
to guerrilla warfare as the only resource left to them for keeping alive the insurrec- 
tion. These accused, abandoning even the show of open opposition of the half- 
uniformed guerrilla bands, left the field and took up their residence in Taytay, then 
protected by an American garrison. Following the proclaimed policy of the insur- 
gent chiefs, these accused organized a bolo band in Taytay, of which the accused, 
Florentio Antonio, alias Prudencio, was the captain; Pastor Santos, first lieutenant; 
Celedonio Javier, second lieutenant, and Kamon Gadapia a sergeant. In all there 
were about twenty-five men in the bolo band. This band also possessed a few rifles, 
Avhich they kept concealed in the neighborhood in charge of a trusted custodian. The 
men were not uniformed, but appeared in Taytay as ordinary citizens going about 
their peaceful pursuits ; they had no regular cuartel or other known place of rendez- 
vous, nor did they drill or give any outward sign of an existing organization. All 
their operations were conducted secretly and, it may be safely assumed, under an 
oath-bound obligation not to give information thereof to the American authorities. 
The commanding general having in general orders authorized the native population 
within the lines of the army of occupation to establish the forms of civil government, 
for the better protection of life and property, these accused, already established in 
authority as insurgent partisans, came forward under the leadership of a resident 
padre and suggested a time and place for holding an election, which the commanding 
officer, in accordance with the terms of the general order referred to (Xo. 43, of 1899) , 
had authorized. An election was accordingly held, and these accused, as the evidence 
clearly shows, dictated and secured- their election as municipal officers of Taytay, and 
entered upon their duties under American authority. 

Of the accused, Celedonio Javier was elected presidente, Pastor Santos and Fran- 
cisco Felixardo, aldermen, or cabezas of barrios, and Pablo Anorma was appointed 
teniente, or chief of police. In his civil capacity as presidente, Celedonia Javier was 
first in authority iDOth as American i:)residente and insurgent presidente, which latter 
office he forthwith assumed and in which he was duly recognized by the insurgent 
chiefs. In his military capacity in the bolo band he was, however, subject to the 
captain, Florentio Antonio, alias Prudencio, and the 1st lieutenant, Pastor Santos; 
but it does nor a.ppear that these two accused ever assumed any authority in their 
military capacity over the presidente in his civil functions, who was obeyed therein 
with blind, unquestioning obedience by all. 

In this relation judicial notice maybe taken of the fact that throughout these islands, 
wherever a presidente of a pueblo or cabeza of a barrio was appointed or elected 
under American authority he, with few exceptions, either acted in the same capacity 
for the insurgents or maintained silence with respect to his neighbor who served in 
like capacity in the same jurisdiction. This dual form of government existed every- 
where, in strongly garrisoned cities like Manila and in the smallest barrio alike; and 
all were doubtless oath-bound in the great Katipunan league. At least it is fully 



CHAEGES OF CKUELTY, ETC., TO FILIPII>rOS. 293 

established that efforts to so bind them have been dihgently pursued. History affords 
no parallel of a whole people thus practically turning war traitors, and in the genius 
of no other people was ever found such masterful powers of secrecy and dissimula- 
tion; but it is needless to say that no powerful state was ever erected or ever can be 
erected upon such immoral and unenlightend foundations. 

Having established themselves in all the places of trust and responsibility in the 
new civil government and of power as insurgent partisans, these accused now com- 
menced the difficult task of serving two masters. In all lawful matters they served 
with due appearance of loyalty the American Government, while at the same time 
they labored secretly and diligently in the interest of the insurrection. In gross 
violation of the laws of war they secretly levied and collected taxes and exacted con- 
tributions from the people who, with universal accord, submitted silently thereto. 
They held communications with the enemy, and in all ways open to them gave to 
the guerrilla bands aid and comfort. They next entered upon a series of murders, 
and continued their deadly w^ork until the growing number of persons mysteriously 
disappearing from the community lead to the discovery of these accused as the per- 
petrators. 

No native inhabitant of Taytay opened his lips to the American authorities con- 
cerning the crimes being committed, and of which all had knowledge. It appears 
that, following the general instructions laid down by the insurgent chiefs, any man 
might be put to death by the local authorities if the public witnessed and approved 
the execution. Accordingly many of the people of Taytaj^ assembled at night to 
. witness the execution of the selected victims, and stood by at a short distance until 
the dead were buried, when they dispersed and made no sign of what had been done. 
As in all like cases, the people were warned that certain death would fall upon any 
one who disclosed the truth to the Americans. 

The foregoing statement of facts are not denied by the defense, but justification is 
sought upon the grounds that these accused were following out a course laid down 
for them in the proclamations of the insurgent chiefs. To strengthen its contention 
the defense attempted to show that the murdered men deserved their fate, and that 
these accused were seeking the good of the community in taking their lives. 

The sworn testimony of these accused before the commission wull best illustrate 
the nature of the defense. Speaking of the orders he had received from his military 
superior, Caledonio Javier said: "When I got to Cainta he told me the reason for 
my calling you, ' I heard you were made presidente of the Americans.' I answered 
him, ' Yes, sir. ' ' Do you obey what the Americans tell you — ^the orders of the Amer- 
icans?' I answered him, 'Yes, sir; I recognize you as chief.' He said, ' Now if 
you are going to obey my orders I have complaints here from the people of Taytay 
of being attacked in the roads. I order that if you capture those men vou are to kill 
them.' " 

Q. *' What persons did he mention, if any? 

A. "Felipe Escamilla, Honorio, Monico Garivalles, Gregorio Garivalles, Juan 
Lucas. He also mentioned other names. §§§ ' Everybody that you might capture 
are to be killed also.' " Asked if the people were present at the killing of the Gari- 
valles brothers, this accused answered, "Yes, sir; nearly all the town; when they 
know somebody is to be killed they all go and see." Asked by what authority he 
took the lives of his victims, he answered, " Not by my authority, but by authority of 
General Pio. §§§ He will kill me if I don't obey." Questioned whether Juan Lucas 
w'as buried alive, this accused answered, "Yes, sir; that is what he requested. He 
requested not to hit him." Asked wh}^ he had his victims confessed by the padre 
before he killed them he answered, " Because all Christians ought to confess before 
they die. Because I wanted their souls to go to heaven to glory. Their bodies for 
the justice and their souls for the glory." 

Concerning his intelligence, this accused said he could neither read nor write. 
When he was made presidente he " learned to write his name." 

Pastor Santos, when asked why he, as lieutenant of police, did not report the ex- 
ecution of Juan Lucas to the American authorities, answered, " Because I was afraid 
of the presidente, who said, ' Because it is bad for the Filipino government to report 
to the Americans.' " 

Francisco Felizardo, one of the accused, when asked the same question, answered: 
A. "No. sir." 
Q. "Whv didn't vou?" 
A. " Why shouUri go there? " 

Q. "To report the fact that a man had been killed without authority." 
A. "Because I don't know. I don't have anvthing to do with that. By the 
presidente, sir." 



294 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Santiago Gadapia, of the accused, made answers to questions as follows: 

Q. " Who struck Escamilla before he was buried? " 

A. "Mvself." 

Q. *' What did vou strike him with? " 

A. "Crowbar."" 

Q. ' ' Do YOU know whether j'ou killed him or not? ' ' 

A. " Yes, sir; he was killed." 

Q. " By whose order did you strike him? " 

A. ' ' The presidente' s. ' ' 

Q. '* What position did you occupy on the police force at the time you arrested 
these men? ' ' 

A. "Lieutenant, sir. §§§§ The reason why I am in prison at this time is because 
I obeyed the orders given to me." 

Questioned regarding his belief that two of the murdered men whom he had 
arrested were "bad men," and that Honorio must have been "bad" because he was 
a " companion of Felipe Escamilla," he answered, "Because I forced them, and they 
told me the truth." 

Q. "How did you force them?" 

A. "When I first asked him (Honorio), 'Are you the companion of Felipe Esca- 
milla?' he answered, 'No.' I told him, 'If you don't tell me the truth I am going to 
cut you,' to strike him with a bolo. He told me the truth then." 

Q. "Well, what did he tell you?" 

A. " 'Yes; I am Felipe Escamilla's companion.' " 

Q. "Well, why did you believe that to be the truth instead of his first answer^ 
that he was not Felipe Escamilla's companion?" 

A. "Because I forced him." 

Asked if he did not report these matters to the American commanding officer in 
Taytay, answered "No, sir. I have no authority to report, because I have a chief; 
I have a superior officer, and he ought to report." 

Q. "If the presidente had ordered you to kill every person in the crowd witnessing 
the execution of Felipe and Honorio, would you have obeyed his order?" 

A. "When the order is from my superior I can not disobey. I can not refuse." 

Making due allowan(;e for the necessity each of these accused appeared to realize of 
presenting his own case in the most favorable light, one undeniable truth stands out 
in this case, as in hundreds of like cases of murder, that the average native of these 
islands has not more than the merest rudimentary conception of his individual rights 
and duties as a man, and no one knows this so Avell as the wily chiefs, who use him 
for their nefarious purposes. The native surrenders his will unreservedly to any per- 
son standing in relation to him as chief, and he apparently makes no distinction — or 
dares not — whether that chief be the leader of tulisanes, mandoducats, Katipunan 
lodge, or guerrilla band. The law of the land is, and to him always has been, the 
law of terror. His chief, self-installed or duly appointed over him, holds in his 
hands the power of life and death. So governed, the native surrenders his service 
and conscience to his chief and looks to him to assume any and all responsibility for 
any crime he is told to commit, while holding himself guiltless in its accomplish- 
ment. 

It is therefore plain to the meanest understanding that so long as the simple minded 
and benighted natives remain mider the teachings that they have no rights or liberty 
of action other than their chiefs may lay down for them, they will remain the most 
pliable of all human material in the hands of designing leaders; and it is quite as 
plain that those leaders lack the intelligence, and in most cases the desire, even, to. 
give them good government. That upon such leaders should fall the greater rigor 
of the law for instigating their more ignorant followers to criminal deeds, all fair- 
minded men must admit, and upo^ these leaders in future must the more watchful 
attention of all officers be directed. 

The number of peaceful men who have been murdered in these islands at the insti- 
gation of the chiefs, while impracticable of exact determination, is yet known to be 
so great that to recount them would constitute one of the most horrible chapters in 
human history. With respect to these chiefs the commanding general has, therefore, 
no other recourse than to invoke the unrelenting execution of the law upon them 
and to appeal to the intelligent and educated among the Filipino people to aid him 
by renewed efforts to end a reign of terror of which their own people are the helpless 
victims. 

In confirming the sentence in this case regard has been had to the fact that the 
attempt of the defense to show, as a mitigating circumstance, that the murdered men 
were engaged in depredations upon the community wholly failed. Little more than 
baseless imputations upon the character of the dead, who can no longer defend them- 



CHAROES OF CTtUELTY, ETC., TO FILIPINOS. 295 

selves, appears of record; while in one instance it is clear beyond doubt the victim 
was murdered because these accused, in their nervous dread, merely suspected that 
he was about to disclose to the American authorities their inhuman practices; but 
of which, in fact, he had no knowledge. Others of the victims had been insurgent 
soldiers, and as they did not join the conspiracy to murder, it is but just to their 
memory to infer that their failure or unwillingness to so join explains why their 
lives were taken. 

While all of these accused are guilty as principals, the commission by its recom- 
mendation, and the department commander, in approving the sentence, have recog- 
nized different degrees of their culpability. 

The sentence therefore in the case of Florentio Antonio, alias Prudencio, Pastor 
Santos, and Francisco Felizardo, alias Quicoy, and each of them, is accordingly com- 
muted to imprisonment at hard labor for life, and their place of confinement will be 
the presidio de Manila, to which they will be sent under proper guard. 

The sentence in the case of Celedonio Javier, Pablo Anorma, and Santiago Gadapia 
will be duly executed at Pasig, Province of Rizal, on the 5th day of December, A. D. 
1901, under the direction of the commanding general, department of Northern Luzon. 

In the case of Leonardo de Posoy, this accused, upon his arraignment, asked for 
and was granted a separate trial. 

11. — Leonardo de Posov, native. 

Plea.— "Not guilty." "" 

Finding. — Of the first specification, "guilty;" of the second specification, "Guilty;" 
of the third specification, "guilty;" of the fourth specification, "not guilty;" of the 
charge, "guilt v." 

Sentence. — And the commission does therefore sentence him, the accused, Leonardo 
de Posoy, "to be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members of the commission con- 
curring therein." 

In the foregoing case of Leonardo de Posoy, native, this accused, upon his request, 
had been given the privilege of a separate trial when first arraigned with his alleged 
associates, whose names appear in the foregoing charge and specifications. 

From the evidence it appears that the accused had been educated for the priest- 
hood, and about nine years ago had been regularly ordained to his holy calling. 
Early in 1900 Taytay was given a permanent garrison of one company of United 
States troops, and the accused was there found in the regular pursuit of his calling as 
curate of the place. Through his advantages of education, his spiritual relations 
with his people, and his active interest in their secular affairs, the oflUcers in command 
and serving with the garrison, according to their testimony, found him to be the 
most influential man in the community. 

The accused cultivated the good will of the American officers, and, responding to 
their wishes, promised to aid them by giving information that might aid in keeping 
the peace of the community. The people of Taytay were known to be in sympathy 
with the insurrection, but they were well within the lines of the army of occupation 
and were given every possible protection of life and property. 

To further aid them to return to the normal conditions of peace, the commanding 
officer, under the provisions of a general order of the commanding general, author- 
ized the people to organize a civil form of government for Taytay and to elect their 
own officers for its administration under authority of the United States. At this 
stage the special activity of this accused became marked. He was instrumental in 
getting the day set for the proj)Osed election of officers for the new government, and 
put forward and caused to be elected as presidente Celedonio Javier, an illiterate 
and bigoted man, whom he well knew was an officer of insurgents and whom he 
commended to the people as the best man for the office because he was "bold." 
Many insurgent officers, noncommissioned officers and soldiers of the disj^ersed 
insurgent army had taken up their residence in Taytay, and from them were selected 
men for all the places of trust in the new government. 

Having constituted themselves a band of war traitors under the protection of the 
Government of the United States, and by fraudulent representations established 
themselves in office under American authority, this accused and his associates now 
entered upon a series of offenses in violation of the laws of war, such as enforcing 
contributions in aid of the hiding guerrilla bands, holding connnunications with them, 
and giving them all possi])le aid and comfort. They had been instructed by the com- 
manding officer not to attempt the punishment of any person, but to aid the Amer- 
ican authorities in maintaining order and to limit their administrative work to the 
collection of the ordinarv taxes for the supjwrt of the native police of the town, and 
for the maintenance of schools. Disregarding these limitations, this accused and his 
associates entered upon a series of most cruel murders, three of their victims at least 



296 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

being buried alive, the accused first confessing his victims before they were given 
over to the hideous and savage method of their execution. How far the joint respon- 
sibility of this accused extended for these murders is best revealed by his own testi- 
mony upon his trial. 

After admitting that he had confessed or offered to confess all the murdered men, 
the accused said: 

Q. " Did vou request the presidente not to execute these men, or not?" 

A. "No, sir." 

Q. "Why didn't you?" 

A. "I did not report to the commanding officer of the post in view that I thought 
they were acting according to the law — that they were the authorities and they were 
acting according to the law." 

Q. ' ' Acting according to what law? ' ' 

A. " The laws that they received from the government; but it was not my duty 
to investigate." 

Q. ' ' What government?' ' 

A. "The Filipino government, because in this war I know certainly that oflBcers 
are authorized to try and sentence outlaws." 

Q. "What officers tried and sentenced them?" 

A. " The presidente of Taytay." 

Q. "Under the Filipino government, then, what office did he hold?" 

A. "I know that he was presidente of the town." 

Q. " Presidente under what government? " 

A. "I know that he was presidente under the American Government, but I also 
know that he is an officer of the Filipino army." 

Q. "In which capacity did you understand he was acting when he executed Felipe 
Escamilla and Honorio? ' ' 

A. "As an insurgent officer. §§§ 2d lieutenant." 

Q. "Now, if you had reported to the American authorities in Taytay the execu- 
tion of Felipe Escamilla and Honorio, would you not have prevented the death of 
Monico and Gregorio Garivalles?" 

A. "It is true, sir; it is true, sir. But how can I make the distinction when I 
thought they were acting under some law?" 

That the accused had full power of life and death over the helpless victims of the 
conspiracy is clearly shown by his successful intercession in the case of a man from 
Teresa arrested at the same time with the Garivalles brothers. Concerning him the 
accused said: 

"I only knoM' this man from Teresa begged me to also beg the presidente to for- 
give him, in view that he is innocent and is only a traveler and was only arrested 
because he was there with the two brothers Garivalles." 

The evidence leaves no doubt that upon the mere suspicion of some unknown 
offense this stranger would also have met his death but for the intercession of this 
accused, an intercession he admitted he could successfully intervene. To break the 
force of this, counsel for accused questioned him as follows: 

Q. "What would have happened to you if you had interfered with the execution 
of these men by giving information to the American authorities of what the insur- 
gents were doing?" 

A. "I would also be killed, just like the others." 

Cross-examined on this point, the accused said: 

Q. "AVho were you afraid of in Taytay should you have reported these things to 
the American commander?" 

A. "Of the insurgents that might be there. ' ' 

Q. "Well, name them if you can?" 

A. "I don't know, sir; even out of town." 

Q. ' ' Would you have been in danger of your life if you had refused to confess these 
men? ' ' 

A. "I might be; I don't know for sure, but it might be." 

Such in his own language is the defense of this accused, but from the testimony 
taken as a whole there arises no doubt that this accused was the chief agent in the 
series of murders, many still wrapped in mystery, which has made the name of Tay- 
tay a reproach to the Filipino people. While the victims of the murderous conspiracy 
were being subjected to a most horrible form of death and their number was steadily 
being added to, this accused, with shameless falsehood, was assuring the American 
authorities that all was peaceful and well ordered among the people of Taytay. 
That he found neither authority nor inspiration from his ecclesiastical teachers nor 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 297 

in the doctrines of his calHng for his conduct there can be no question. So, too, there 
arises from the evidence no doubt that he had sufficient intelhgence to understand 
his true criminal relations with his "associates, and that he must have known and did 
know that it was his duty, both as priest and citizen, to inform the American author- 
ties of the atrocities being committed by the people of his curacy. Why he did not 
so inform the lawful authorities can only be explained by the fact standing promi- 
nently out upon the face of the record, that he knew that he was a principal actor in 
these atrocious crimes and hence dared not confess his true responsibility for the 
same. Even, however, if his responsibility extended no further than the suppression 
of the truth regarding the part played by his criminal associates, he would still be 
particeps criminis in these murders. His silence, however, owing to his relation as 
spiritual guide to a simple-minded and ignorant people, had the evident intended 
effect of lending a spiritual sanction to the criminal course of his coconspirators. 
Upon him, therefore, mmiistakably rests the chief responsibility for the crimes they 
committed. His attempted defense upon the grounds that the confessions of the 
doomed men were privileged, and hence he was restrained by his sacred office to 
keep silent, has no value. The confessional does not lay upon any man, priest or 
layman, the obligation of suppressing knowledge of crimes being committed by third 
parties, the consummation of which could have been prevented without violating the 
secrecy of the confessional. But, in fact, his knowledge of these crimes was brought 
directh- to his notice and was not gained through the confessional. 

It is convincingly shown that the motives for these crimes sprang from the crimi- 
nal purpose of this accused and his coconspirators to rivet their usurped authority 
upon the people of Taytay. In the pursuance of this common purpose the accused 
forgot the teachings of the Divine Master, whose law is the law of love, and willfully 
entered upon the path of violence and crime. That he is guilty as charged there is 
no doubt. 

The sentence, approved by the department commander, is confirmed, and exact 
justice calls for its execution. However, out of respect for his calling and of the 
great religious organization of which he is a most unworthy member, the sentence is 
commuted to imprisonment at hard labor for the period of twenty years, and as thus 
commuted will be duly executed. 

The reviewing authority, however, desires it to be understood that his leniency in 
this case shall not be taken as a precedent. No person li^ing in these islands can be 
permitted to plead his office, however sacred or exalted, as a protection for crimes 
committed. 

The Presidio de Manila is designated as the place of confinement, to which the 
accused, Leonardo de Posoy, will be sent under proper guard. 

Bv command of Major-General Chaffee. 

W. P. Hall, 
Assistant A djutant- General. 



Headquarters Division of the Philippines, 

Manila, F. I., Xorember 7, 1901. 
General Orders, Xo. 342. 

Before a military commission which convened at Legaspi, province of Albay, 
Luzon, P. I., pursuant to paragraph 5, Special Orders, Xo. 238, Headquarters Depart- 
ment of Southern Luzon, August 26, 1901, and of which Capt. Lester AV. Cornish, 
9th U. S. Cavalry, was president, and 1st Lieut. Willard H. McCornack, 9th U. S. 
Cavalry, was judge-advocate, was arraigned and tried ^Martin Gualverto, native. 

Ch arctE. — " Murder. ' ' 

Specification. — "In that he, INIartin Gualverto, native, did feloniously and with 
malice aforethought, kill and murder one Maria Iboyan (his wife) by choking her 
and otherwise maltreating her, the said ^laria Iboyan, until the said Maria Iboyan, 
did die from the said assault within fifteen minutes. This in a time of insurrection, 
at or near Baras, Catanduanes, P. I., a place within the operation of the forces of the 
United States, on or about the 1st dav of Mav, 1901." 

Plea.— "Not guihv," 

FiNDiN(;.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Martin Gualverto, 
"To be confined at hard labor, at such place as the reviewing authority may direct, 
for the remainder of his natural life." 

In the foregoing case it appears that this accused, Martin Gualverto, in a quarrel 
with his wife arising from her well-founded jealousy, choked and beat her, causing 
injuries which shortly thereafter resulted in her death. 



298 CHARaES OF CRUELTY, ETC., TO FILIPINOS. 

No reasonable doubt as to the guilt of accused as charged arises from the record. 
The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place this accused, Martin Gual- 
verto, will be sent under proper guard. 
By command of Major-General Chaffee. 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., November?, 1901, 
General Orders, No. 843. 

Before a military commission which convened at Sorsogon, province of Sorsogon, 
Luzon, P. I., pursuant to paragraph 13, Special Orders, No. 169, Headquarters Depart- 
ment of Southern Luzon, June 18, 1901, and of which Maj. George A. Cornish, 15th 
U. S. Infantry, was president, and 2d Lieut. Kobert J. Binford, loth U. S. Infantay, 
was judge-advocate, wa§ arraigned and tried Gabino Santa Inez, native. 

Charge I. — " Violation of the oath of allegiance, in violation of the laws of war." 

Specification. — " In that he, Gabino Santa Inez, native, did willfully and knowingly^ 
after having voluntarily taken the oath of allegiance to the United States, become 
chief of a band of armed outlaws, calling themselves insurgents, operating in the prov- 
inces of Albay and Sorsogon, and did receive and execute orders for the purpose of 
carrying on an insurrection against the authority of the United States. This in time 
of insurrection, in the province of Sorsogon, a place under the military government 
of the United Statps, during the months of March, April, and May, 1901." 

Charge II. — "Murder." 

Specification. — "In that he, Gabino Santa Inez, native, did willfully, feloniously, 
and with malice aforethought murder and kill, by shooting with a pistol, and stab- 
bing with a dagger, Zacarias Moscoso and Eladio Doma, natives, said Zacarias Mos- 
coso and Eladio Doma receiving wounds at the hands of said Gabino Santa Inez, from 
which they the said Zacarias Moscoso and Eladio Doma, and each of them, did then 
and there die. This in time of insurrection, at Sugod, pueblo of Bacon, province of 
Sorsogon, P. I., a place under the military government of the United States, on the 
16th day of April, 1900." 

Plea.— "Not guilty." 

Finding. — Of the specification, first charge, " guilty; " of the first charge, "guilty;" 
of the specification, second charge, "guilty, excepting the words 'by shooting with 
a pistol and stabbing with a dagger,' substituting therefor the words 'by hanging, 
and shooting with a firearm,' of the excepted Avords ' not guilty,' of the substituted 
words, 'guilty;'" of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence him the said Gabino Santa 
Inez " to be hung by the neck until dead, at such place and time as may be desig- 
nated by the proper authority, two-thirds of the commission concurring therein, ' ' 

In the foregoing case of Gabino Santa Inez, native, it appears from the evidence 
that the accused was a captain of insurgents; that in April, 1900, two muchachos, one 
a servant of an American presidente, were delivered to him as prisoners, and merely 
because they were suspected of being Americanistas he caused them to be first hung 
up until nearly dead and then dispatched them by shooting them with firearms. 

It also appears that in February, 1901, the accused took the oath of allegiance to the 
United States and thereafter took up arms against its military forces. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the term of thirty (30) years. As thus com- 
muted the sentence will be duly executed at the Presidio de Manila, to which this 
prisoner will be sent under proper guard. 

Bv command of JNIajor-General Chaffee. 

AV. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines. 

Manila, P. I., Xovember 7, 1901. 
General Orders, No. 344. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 8, Special Orders, No. 194, Headquarters Department of Southern Luzon, July 
13, 1901, and of which Lieutenant-Colonel John G. Leefe, 30th U. S. Infantry, was 



CHAEGES OF CEUELTY, ETC. , TO FILIPINOS. 299 

president, and Captain Palmer E. Pierce, 13th U. S. Infantry, was judge-advocate, 
were arraigned and tried: 

Nicolas Aldana, Isaac Antonio, Prudencio Santiago, and EstanislaoQuilatan, natives. 
■ Charge. — "Murder." 

Specification 1. — " In that they, Nicolas Aldana, Isaac Antonio, Prudencio Santiago, 
and Estanislao Quilatan, natives, did, feloniously and with malice aforethought, kill 
and murder one native, name and place of residence unknown, by striking him on 
the head with a revolver and otherwise beating and striking him, the said native, 
name unknown, from the effects of which he, the said native, name unknown, then 
and there died. This in time of insurrection, at or near a barrio of Las Piiias, P. I., 
a place under the militarv government of the United States, on or about the month 
of January, 1901." 

Specification 3. — "In that they, Nicolas Aldana, Isaac Antonio, Prudencio Santiago, 
and Estanislao Quilatan, natives, did, feloniously and with malice aforethought, kill 
and murder one Perfecto Nemeses, native, acting as newsboy for the 'Manila Free- 
dom,' by striking him, the said Perfecto Nemeses, native, on the head with a revol- 
ver, and placing the body of the said Perfecto Nemeses, native, while he was yet alive, 
into a grave, and placing and tramping dirt on and over the body of the said Perfecto 
Nemeses until he was strangled and smothered, from the effects of which he, the said 
Perfecto Nemeses, then and there died. This in time of insurrection, at or near a 
barrio of Las Piiias, P. I., a place under the military government of the United States, 
on or about the month of January, 1901." 

Pleas. — "Not guilty." 

Findings. — Of the first specification, "guilty;" of thesecond specification, "guilty," 
except of the words, 'and placing the body of the said Perfecto Nemeses, native, while 
he was yet alive, into a grave, and placing and tramping dirt on and over the body of 
the said Perfecto Nemeses until he was strangled and smothered,' and of the excepted 
words, 'not guilty.' " Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Nicolas Aldana, 
Isaac Antonio, Prudencio Santiago, and Estanislao Quilatan, natives, and each of 
them, "To be hung by the neck until they are dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Nicolas Aldana, Isaac Antonio, Prudencio Santiago, and 
Estanislao Quilatan, it appears from the evidence that these accused belonged to a 
band of ladrones, and in the pursuit of gain by robbery they murdered an unknown 
man and a newsboy, in the manner and form as charged. No reasonable doubt of 
the full responsibility of these accused for the crimes as charged spring from the rec- 
ord, each and all being willing actors therein. This case is but a repetition of many 
others, and is an added proof that the great majority of crimes committed in the Phil- 
ippine Islands are perpetrated by men consorting together for criminal purposes. 
Conscious of the power that numbers acting together give, these bands rob and mur- 
der upon an extensive scale. They trust to fortune that, if arrested for the crimes 
committed by the band, they may escape punishment by laying the responsibility 
upon some one of their criminal associates. But the law does not permit criminals 
to escape in that manner. The larger the band the greater the power does it possess 
of inflicting great wrongs and suffering upon the community. For this reason the 
responsibility is greater upon each individual person composing the band than if he 
acted singly and without conferring with or inducing others to act with him in the 
pursuit or accomplishment of his criminal purpose. Hence, in law, all who join 
together to rob, murder, or engage in any criminal purpose are alike guilty of the 
crimes resulting from their joint action. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Cavite, Cavite Province, P. I., on the 12th day of December, A, D. 
1901, under the direction of the commanding general. Department of Southern 
Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Aiisistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. /., Xoveinbcr 14, 1901. 
General Orders, No. 349. 

Before a military commission which convened at Baliuag, Bulacan, Luzon, P. L, 
pursuant to paragraph 4, Special Orders, No. 212, headquarters Department of North- 
ern Luzon, August 6, 1901, and of which Captain James H. INIcRae, 3d U. S. Infantry, 
was president, and 2d Lieutenant Robert I. Rees, 3d U. S. Infantry, was judge-advo- 
cate, were arraigned and tried: Ezekiel Ignacio and Benito Lubao', natives. 



300 CHARGES OB' CRUELTY, ETC., TO FILIPINOS. 

Charge. — "Murder." 

Specification. — "In that they, Ezekiel Ignacio and Benito Lubao, natives, each of 
them, did, in time, then as now, of insurrection against the Government of the United 
States, wih'ulh% feloniously, and with malice aforethought, kill and murder one Pro- 
ceso Mercado, native, by then and there shooting said Proceso Mercado with a revol- 
ver held in the hands of said Ezekiel Ignacio and while the said Proceso Mecado was 
being held by the said Benito Lubao, inflicting upon the said Proceso Mercado a 
bodily wound, from the effects of which said Proceso Mercado did, on or about the 
30th day of May, 1900, die. This at or near Bonga Menor, a barrio of Bustos, prov- 
ince of Bulacan, P. I., a place, then as now, within the theatre of military operations 
of the United States forces, at or about 7 p. m. on or about the 27th day of May, 1900." 

Pleas.—' ' Not guilty. ' ' 

Findings.— "Guilty." 

Sentence. — And the commission does therefore sentence them, Ezekiel Ignacio and 
Benito Lubao, natives, and each of them, "To be hanged by the neck until dead, at 
such time and place as the reviewing authority may direct, two-thirds of the mem- 
bers of the commission concurring therein. ' ' 

In the foregoing case it appears that these accused, Ezekiel Ignacio and Benito 
Lubao, while attempting to forcibly kidnap one Proceso Mercado at Bustos, Bulacan, 
for the purpose of conveying him before their ladrone chief, and while meeting with 
resistance from their victim, shot and killed him. 

The charges and specifications are fully proven. These accused admit all the essen- 
tial facts necessary to constitute the crime charged, and present no legal justification 
therefor. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Baliuag, Bulacan, P. I., on the 19th day of December, A. D. 1901, 
under the direction of the commanding general, Department of Northern Luzon. 

Bv command sf Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., November 14, 1901. 
General Orders, No. 350. 

Before a military commission which convened at Manila, P. I. , pursuant to para- 
graph 8, Special Orders, No. 194, Headquarters Department of Southern Luzon, July 
13, 1901, and of which Lieutenant-Colonel John G. Leefe, 30th U. S. Infantry, was 
president, and Captain Palmer E. Pierce, 13th U. S. Infantry, was judge-advocate, 
were arraigned and tried: 

Seriaco Carreon and Cipriano Pablo, natives. 

Charge. — "Murder." 

Specification. — "In that they, Seriaco Carreon and Cipriano Pablo, natives, in 
company of a band of ladrones, numbers and names unknown, did, feloniously and 
with malice aforethought, kill and murder one Lazaro Santos, native, and ' teniente ' 
of the barrio of Pildira, town of Malibay, Luzon, P. I., by striking the said Lazaro 
Santos with a bolo, thereby severing his head from his body, from the effect of which 
he, the said Lazaro Santos, then and there died. This, in time of insurrection, at or 
near the town of Malibay, Luzon, P. I., a jjlace under the military government of the 
United States, on or about the 14th day of October, 1900." 

Pleas.— "Not guilty." 

Findings. — "Guilty." 

Sentence. — And the commission does therefore sentence them, Seriaco Carreon 
and Cipriano Pablo, natives, and each of them, "to be hanged by the neck until 
they are dead, at such time and place as the reviewing authority may designate, two- 
thirds of the commission concurring therein." 

In the foregoing case of Seriaco Carreon and Cipriano Pablo, natives, it appears 
from the evidence that these accused, in company with others, seized one Lazaro 
Santos in his house, conveyed him to the fields and there killed him by severing his 
head from his body with bolos. From the free admissions of one of the accused, 
corroborated by eyewitnesses and convincing circumstantial evidence, these accused 
were willing participants in this murder, which beyond their plea of not guilty they 
neither denied nor explained. The motive appears to have been private revenge 
upon deceased for his alleged bad faith in not recovering a lost carabao. 

The sentence, approved by the department commander, is confirmed, but in the 
case of Cipriano Pablo is commuted to confinement at hard labor for the period of 



CHARGES OF CEUELTY, ETC., TO FILIPINOS. 301 

thirty (30) years; and as thus commuted will be duly executed at the Presidio de 
Manila, to which place this accused will be sent under proper guard. 

The sentence in the case of Seriaco Carreon will be duly executedatMalibay, P. I., 
on the 23d day of January, A. D. 1902, under the direction of the commanding 
general, Department of Southern Luzon. 
By command of Major-General Chaffee. 

W.P.Hall, 
Assistant Adjutant- General. 



Headquaetees Division of the Philippines, 

Manila, P. I., November 15, 1901. 
General Orders, No. 351. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 10, Special Orders, No. 142, headquarters provost marshal general, Separate 
Brigade, provost guard, June 22, 1901, and of which Colonel Charles F. Robe, 9th 
U. S. Infantry, was president, and Captain John H. Beacom, 6th U. S. Infantry, was 
judge-advocate, were arraigned and tried: 

Fabian Castro and Feliciano Gasingan, natives. 

Ch aege. — ' ' Murder. ' ' 

Specification. — " In that they, Hilario Romero, A^ictor Sacay, Catalino Simon, Fabian 
Castro, Vicente Castro, Cornelio Mateo, Feliciano Gasingan, and Tuslong Castro, alias 
Dionicio Castro, natives, and each of them at or near Manila, Luzon, P. I., a place 
then, as now, under the military government of the United States, on or about the 
23d day of August, 1900, a time, then as now, of insurrection against the lawful 
authority of the United States, did willfully, feloniously, and with malice afore- 
thought kill and murder one Lorenzo Laupoco, a native, by cutting and stabbing him, 
the said Lorenzo Laupoco, with daggers, then and there had and held in the hands 
of the said Hilario Romero, Victor Sacay, Catalino Simon, Fabian Castro, Vicente 
Castro, Cornelio Mateo, Feliciano Gasingan, and Tuslong Castro, alias Dionicio Castro, 
and each of them, inflicting wounds therewith on the person of the said Lorenzo 
Laupoco whereof he, the said Lorenzo Laupoco, then and there died." 

Pleas.— "Not guilty." 

Finding. — Of the specification to the charge, "guilty, except the words 'Hilario 
Romero, Victor Sacay, Catalino Simon, Vicente Castro, Cornelio ^Nlateo, and Tuslong 
Castro, alias Dionicio Castro,' where these words occur in the first, second, third, 
and fourth lines of the specification; and except the words ' Hilario Romero, Victor 
Sacay, Catalino Simon, Vicente Castro, Cornelio Mateo, and Tuslong Castro, alias 
Dionicio Castro,' where these words occur in the 15th, 16th, 17th, and 18th lines of 
the specification; and except the words, ' and each of them ' where these words occur 
in the 18th line of the specification, substitutiug therefor the words, 'and others, 
names unknown;' and except the words 'then and there' where these words occur 
in the 21st line of the specification, substituting therefor the words ' on or about 
September twelfth (12th), 1900;' of the excepted words not guilty and of the sub- 
stituted words guilty;" of the charge, "guilty." 

Sentence. — And the commission doth sentence them, the said Fabian Castro and 
Feliciano Gasingan, and each of them, "to be confined at hard labor, in such place 
as the reviewing authority may direct, for the period of ten (10) years." 

In the foregoing case of Fabian Castro and Feliciano Gasingan, the evidence against 
these accusecl is contradictory and unconvincing, while the preponderance of proof 
rests with the defense. Eight witnesses establish an alibi for accused Fabian Castro. 
A similar defense was fairly established for accused Feliciano Gasingan. It further 
appears that he was arrested shortly after the alleged assault, in his own house, 
brought before decedent, who expressly stated that he was not one of the perpetra- 
tors of the crime; and this in the presence of the witnesses for the prosecution, who 
likewise failed to identify him. Although living in the same neighborhood as the 
accused, it was not until eight months later that these witnesses for the first time 
changed their minds. 

That there is animus in this prosecution seems probable, and the variance between 
the testimony of the witnesses for the prosecution and their contradictions of their 
testimony on a former trial, involving the same state of facts, are little conducive to 
inspire confidence. 

The sentence is disapproved, and these accused, Fabian Castro and Feliciano Gas- 
ingan, will be released from custody. 
■ Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



302 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, F. I., November 15, 1901. 
General Orders, No. 352. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 6, Special Orders, No. 126, Headquarters Provost-Marshal-General, Separate 
Brigade, Provost Guard, June 3, 1901, and of which Lieut. Col. Robert W. Leonard, 
28th Infantry, U. S. V., was president, and 1st Lieut. George P. Whitsett, 32d Infan- 
try, U. S. Y.,was judge-advocate, were arraigned and tried: Hilario Romero, Victor 
Sacay, and Catalino Simon, natives. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that they, Hilario Romero, Victor Sacay, Catalino Simon, Fabian 
Castro, Vicente Castro, Cornelio Mateo, Feliciano Garingan, and Tuslong Castro, alias 
Dionicio Castro, natives, and each of them, at or near Manila, Luzon, P. I., a place 
then, as now, under the military government of the United States, on or about the 
23d day of August, 1900, a time then, as now, of insurrection against the lawful 
authority of the United States, did willfully, feloniously, and with malice afore- 
thought kill and murder one Lorenzo Laupoco, a native, by cutting and stabbing 
him, the said Lorenzo Laupoco, with daggers, then and there had and held in the 
hands of the said Hilario Romero, Victor Sacay, Catalino Simon, Fabian Castro, Vicente 
Castro, Cornelio Mateo, Feliciano Garingan, and Tuslong Castro, alias Dionicio Castro, 
and each of them, inflicting wounds therewith on the person of the said Lorenzo 
Laupoco whereof he, the said Lorenzo Laupoco, then and there died." 

Pleas.— "Not guilty." 

Findings.— " Guilty. " 

Sentence. — And the commission doth sentence them, the said Hilario Romero, 
Victor Sacay, and Catalino Simon, and each of them, "To be confined at hard labor 
for a period of ten years in such place as the reviewing authority may direct. ' ' 

In the foregoing case it appears that these accused, Hilario Romero, Victor Sacay, 
and Catalino Simon, in company of an. armed band of outlaws, went to the house of 
one Lorenzo Laupoco, in Tondo, Manila, at 10.30 in the night, August 23d, 1900, 
assaulted all the occupants, robbed them of their money and jewelry, and then 
stabbed and cut with bolos the said Lorenzo Laupoco, inflicting eleven wounds, from 
the effects of which he died. The crime is proven against these accused beyond a rea- 
sonable doubt. 

The sentence, approved by the convening authority, is confirmed, and will be duly 
executed at the Presidio de Manila, to which place these accused, Hilario Romero, 
Victor Sacay, and Catalino Simon, and each of them, will be sent under proper 
guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, November 15, 1901. 
General Orders, No. 353. 

Before a military commission which convened at Guinobatan, Albay Province, 
Luzon, P. I., pursuant to paragraph 7, Special Orders, No. 148, Headquarters Depart- 
ment of Southern Luzon, March 28, 1901, and of which Maj. Henry H. Wright, 9th 
U. S. Cavalry, was president, and First Lieut. Philip W. Corbusier, 9th U. S. 
Cavalry, was judge-advocate, was arraigned and tried: Florentino Marbella, native. 

Charge. — ^^ Murder." 

Specification. — " In that Florentino Marbella, on or about the 27th day of March, 
1901, a time of insurrection at or near the pueblo of Oas, province of Albay, P. I., a 
place within the theater of active operations under the Government of the United 
States, did, willfully, feloniously, and with malice aforethought kill and murder one 
Juan Ricafranca, a native Filipino, by stabbing and cutting the said Juan Ricafranca 
with a weapon commonly known as " Dolo," held in the hands of the said Florentino 
Marbella, inflicting wounds whereof the said Juan Ricafranca then and there died. 
This at Oas, province of Albav, P. L, on the 27th day of March, 1901." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Florentino Marbella, 
native, "To l)e confined at hard labor, at such place as the reviewing authority may 
designate, for the rest of his natural life." 

In the foregoing case it appears that the accused, Florentino Marbella, in the heat 
■of passion killed with a bolo one Juan Ricafranca in the public market place of the 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 303 

pueblo of Oas, Albay, March 27, 1901. The deed was committed in the presence of 
many people, including policemen, who immediately apprehended the perpetrator. 
The sentence, approved by the department commander, is contirmed, and will be 
duly executed at the Presidio de Manila, to which place the accused, Florentmo 
Marbella, will be sent under proper guard. 
Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Divisiox of the Philippines, 

Manila, P. I., Xorember IS, 1901. 
General Orders, Xo. 358. 

Before a military commission which convened at Manila, P. I., pursuant to para- 
graph 8, Special Orders, Xo. 194, Headquarters Department of Southern Luzon, July 
13, 1901, and of which Lieutenant-Colonel John G. Leefe, 30th U. S. Infantry, was 
president, and Captain Palmer E. Pierce, 13th C S. Infantry, was judge-advocate, 
were arraigned and tried Patricio de la Cruz and Benedicto Lozado, natives. 

Charge. — "Murder." 

Specification. — "In that they, Patricio de la Cruz and Benedicto Lozado, natives, 
did feloniously and with malice aforethought, kill and murder two Chinese mer- 
chants (names unknown), of the town of Las Pifias, P. L, by striking and beating 
the said Chinese with clubs and other blunt instruments, and cutting the throat of 
one of the said Chinese with a bolo, from the effects of which they, the said two 
Chinese merchants, then and there died. This in time of insurrection, at or near 
the town of Las Piiias, P. I., a place under the military government of the United 
States, on or about the month of Julv, 1900." 

Pleas. — ' ' Xot guilty. ' ' 

Findings. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Patricio de la Cruz 
and Benedicto Lozado, natives, and each of them, "To be hung by the neck until 
they are dead, at such time and place as the reviewing authority may direct, two- 
thirds of the commission concurring therein." 

In the foregoing case of Patricio de la Cruz and Benedicto Lozado it is alleged that 
the latter confessed that he and others, including the former, seized and carried away 
by force two Chinos, merchants of Las Piiias, and killed them with clubs and bolos; 
that the bodies of the victims were for a time left near the scene of murder, and later 
removed secretly at night into the public cemetery and there buried. According to 
this alleged confession, the voluntary admissions of this accused, and his gloating 
over the details of the crime discloses such a state of mental unsoundness that even 
if his confession was fully established a doubt as to its reliability would naturally 
arise. 

But he says his confession was extorted from him by the native police, who 
threatened him with a revolver. It is certainly established that in endeavoring to 
follow out the directions of the police to locate the burying place of the alleged vic- 
tims this accused took them to more than one place where no bodies were found, and 
finally conveyed them to a spot where human bones were certain to be found, i. e., 
the public cemetery, and in the grave pointed out they found the bones of three 
instead of only two bodies, but no sack such as was alleged contained the bodies of 
the supposed victims, and no queues of hair. 

In the whole case there is no proof of the corpus delicti; the bones dug out of the 
cemetery were not identified; there is nothing to show that two Chino men were 
killed, outside of the alleged confession, and no proof that any two Chinamen had 
disappeared from Las Pinas or elsewhere. It is a well-established rule of law that 
evidence of a confession is not admissible until a foundation has been laid by estab- 
lishing the corpus delicti. There is direct evidence on behalf of the prosecution that 
the accused, Lozado, is of weak intellect, and his actions under his alleged confes- 
sion, and as proven, irresistibly confirm this conclusion. Conceding that he did in 
fact voluntarily make such a confession, numerous precedents are not lacking where 
mania takes the form of confessions to imaginary crimes, and confessions alone are 
seldom sufficient to convict. 

On the whole case there is ample doubt in favor of these accused, and, this existing, 
they are entitled to its benefits. 

The sentence is disa])proved and the accused, Patricio de la Cruz and Benedicto 
Lozado, will be released from custody. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



304 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, P. I., November 18, 1901. 
General Orders, No. 359. 

Before a military commission which convened at Oroquieta, Mindanao, P. I., 
pursuant to paragraph 1, Special Orders, No. 137, Headquarters Department of Min- 
danao and Jolo, July 13, 1901, and of which Capt. Francis J. Koester, 15th U. S. 
Cavalry, was president, and Second Lieut. Arthur J. Lynch, 15th IJ. S. Cavalry, was 
judge-advocate, was arraigned and tried Florentino Sabuero, native. 

Charge I. — "Abduction." 

Specification. — "In that he, Florentino Sabuero, native, in company of, and con- 
sorting with, armed outlaws to the number of 14, more or less, did unlawfully and 
feloniously seize, bind, and conduct away, against his will, a native Filipino, name 
unknown. This in time, then as now, of insurrection against the lawful authority of 
the United States, on or about the 12th day of January, 1901, at or near the barrio of 
Macpan, pueblo of Jiminez, province of Misamis, P. I., a place then, as now, in the 
theater of militar v operations. ' ' 

Charge II.—' ' Murder. ' ' 

Specification. — "In that he, Florentino Sabuero, native, in company of, and con- 
sorting with, armed outlaws to the number of 14, more or less, did wilfully and 
feloniously abet and assist in murdering one native Filipino, name unknown, by 
stabbing him, the said native Filipino, name unknown, with knives and bolos held 
in the hands of the said outlaws, inflicting wounds whereof the said native Filipino 
then and there died. This in time, then as now, of insurrection against the lawful 
authority of the LTnited States, on or about the 12th day of January, 1901, at or near 
the barrio of Macpan, pueblo of Jiminez, province of Misamis, P. I., a place then, as 
now, in the theater of military operations." 

Plea.— "Not guiltv." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Florentino Sabuero, 
"To be hanged by his neck until he is dead, at such time and place as the reviewing 
authority may designate, two-thirds of the commission concurring therein." 

In the foregoing case the accused, Florentino Sabuero, is charged with the abduc- 
tion of a man, and murder. There is no evidence to sustain the charge of murder, 
and the evidence in support of the specification that he kidnaped a native is 
unreliable and unconvincing, given by convicted members of the band of outlaws 
that actually committed the murder, but who all agree in their testimony that accused 
was not a member of such band. 

So many general orders have been published from these headquarters, defining the 
crime of abduction and its inapplicability to the act of kidnaping a man, that it is 
almost inconceivable that officers should persist in preferring this ridiculous and 
impossible charge where a male is the victim of the sequestration. The gist of the 
offense of abduction is the taking or detaining of a female against her will with the 
intent to carnally know or marry her. In the future this charge will not be preferred 
in instances where males are kidnaped. 

The sentence is disapproved, and the accused, Florentino Sabuero, will be released 
from custody. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., November 25, 1901. 
General Orders, No. 365. 

Before a military commission which convened at Capiz, Capiz Province, Panay, 
P. I., pursuant to paragraph 2, Special Orders, No. 112, Headquarters Department of 
the Visayas, Iloilo, Panay, P. I., May 1, 1901, and of which Capt. William F. Grote, 
18th U. S. Infantry, was jpresident, and Second Lieut. William ]M. Kistler, 18th XJ. S. 
Infantry, was judge-advocate, was arraigned and tried Perfecto Abatan, native. 

Charge. — "Murder." 

Specification 1. — "In that on or about the 11th day of January, A. D. 1901, then 
as now a time of insurrection against the authority of the L'nited States, at or near 
the pueV)lo of Capiz, province of Capiz, island of Panay, P. L, a place, then as now, 
under the military occupation and government of the United States, one Perfecto 
Abatan, a native, did feloniously, willfully and with malice aforethought kill and 
murder one Victorio Ciavero, a native, hy striking him two blows upon the head, 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 305 

one blow upon the right hand, and one blow upon the left forearm, all delivered with 
a bolo or other sharp instrument held in the hands of the said Perfecto Abatan, from 
which wounds inflicted as aforesaid the said Victorio Clavero then and there died." 

Specification 2. — "In that on or about the 11th day of January, A. D. 1901, then 
as now a time of insurrection against the authority of the United States, at or near 
the pueblo of Capiz, province of Capiz, island of Panay, P. I., a place, then as now, 
under the military occupation and jurisdiction of the United States, one Perfecto 
Abatan, a native, did kill and murder one Lorenza de la Cruz, a native woman, by 
striking her one blow upon the back of the neck, one blow^ upon the right side of the 
face, and one blow upon the left side, all delivered with a bolo or other sharp instru- 
ment held in the hands of the said Perfecto Abatan, from which blows so inflicted 
as aforesaid the said Lorenza de la Cruz then and there died." 

Plea.— "Not guilty." 

Finding. — Of the first specification, "'guilty' with the exception of the words 
'wilfully and with malice aforethought' and the words 'and murder', and of the 
excepted words 'not guilty.'" Of the second specification, "'guilty' with the 
exception of the words ' and murder, ' and of the excepted words ' not guilty. ' " Of 
the charge, " 'Not guilty' but guilty of ' manslaughter.' " 

Sentence. — And the commission does therefore sentence him, Perfecto Abatan, a 
native, "to be confined at hard labor for the period of his natural life, at such place 
as the reviewing authority may direct." 

In the foregoing case of Perfecto Abatan, the jjrosecution has failed to establish 
the alleged crime by competent evidence. It was, under the common law and our 
military practice, gross error to receive the evidence of the wife of accused against 
him, and, this being eliminated, there is no evidence of his guilt. His own state- 
ment that he was drunk that night and knew nothing of what happened is not an 
aftirmative admission of guilt, and not inconsistent either with a justifiable homicide 
or even lack of participation in the crime. His plea of "not guilty" negatives an 
implied confession, but on a plea of not guilty the burden is on the prosecution to 
first establish the guilt of accused, not only beyond a reasonable doubt but by com- 
petent evidence before relying upon him to incriminate himself by implication. 

The record is not free from other illegalities and irregularities to the prejudice of 
the rights of accused. Specification 2 fails to allege malice or felonious character of 
the act charged. The department commander has approved the proceedings, directed 
the sentence to be executed, and designated the place of confinement, in disregard 
of the provision of paragraph 4, General Orders, No. 64, Headquarters Division of 
the Philippines, August 10, 1900. Again, when the proceedings were returned to the 
commission for correction of the record to show whether the statement of accused 
was made at his own request and with the knowledge and consent of his counsel, 
this information was supplied by the president individually without the commission 
having been reconvened. 

That it is better that many guilty men should escape punishment than an innocent 
one suffer is too well grounded in the administration of justice to pass unheeded by 
military commissions. So, too, it is better that no person, innocent or guilty, should 
be convicted unfairly, in violation of his legal rights and privileges, or in defiance of 
the well-established and equitable laws of evidence without which the evolution of 
one system of law and justice would be impossible. 

While a strong presumption of the guilt of the accused arises from the record, the 
illegalities and irregularities pointed out are too great to receive further official 
sanction. 

The sentence is disapproved, and the accused, Perfecto Abatan, will be released 
from custody. 

By conunand of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, November 29, 1901. 
General Orders, No. 366. 

Before a military commission Avhich convened at Lucena, Province of Tayabas, 
Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 210, Headquarters Depart- 
ment of Southern Luzon, July 29, 1901, and of which Captain Harry H. Bandholtz, 
2d U. S. Infantry, was president, and 1st Lieutenant George C. Martin, 2d U. S. 
Infantry, was judge-advocate, was arraigned and tried Malareno Juan, alias Juan 
Miran, native. 

S. Doc. 205, pt 2 20 



306 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that he, Malareno Juan, alias Juan Miran, a native, and resi- 
dent of the Province of Tayabas, Luzon, P. I., on or about the 19th day of February, 
1900, then, as now, a time of insurrection, at or near tlie pueblo of Silangan, Island 
of Alabat, a place now, as then, under the military authority of the United States, 
did willfully, feloniously, and with malice aforethought kill and murder one Chino, 
'Goa,' surname unknown, by striking him with a bolo or other sharp instrument, 
inflicting wounds from which the said 'Goa,' surname unknown, then and there or 
shortlv afterwards died." 

Plea.— "Not guiltv." 

FiNDiNCx.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Malareno Juan, 
alias Juan ]Miran, " To be hung by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission agreeing." 

In the foregoing case it appears that this accused, Malareno Juan, with a few 
onlooking companions, met in the streets of Silangan, Island of Alabat, a Chinaman 
named Goa, accused him of being an American secret-service man, and then stabbed 
him to death with a dagger. Upon the witness stand accused admitted his guilt. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at Tayabas, Luzon, P. I., on the twenty -third (23d) day of December, 
A. D. 1901, under the direction of the commanding general, Department of Southern 
Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assista7it Adjutant-General. 



Headquarters Division op the Philippines, 

Manila, P. J., November 29, 1901. 
General Orders, No. 367. 

Before a military commission which convened at San Isidro, Nueva Ecija, Luzon, 
P. I., pursuant to paragraph 1, Special Orders, No. 159, Headquarters Department 
of Northern Luzon, June 11, 1901, and of which Captain Albert C. Dalton, 22d U. S. 
Infantry, was president, and 1st Lieutenant Raymond Sheldon, Battalion Adjutant, 
22d LT. S. Infantry, was judge-advocate, was arraigned and tried Flaviano San Pedro, 
native. 

Charge. — "Murder." 

Specijication. — "In that he, Flaviano San Pedro, native, resident of the pueblo of 
Cabanatuan, Nueva Ecija, did, with sundry other persons armed with guns, on or 
about the 10th day of August, 1900, then, as now, a time of insurrection, at Sumacab, 
a barrio of Cabanatuan, Province of Nueva Ecija, then, as now, a place under the 
military occupation and government of the United States, feloniously and willfully, 
and with malice and intent aforethought, kill and murder one Marcelino Puno, a 
Filipino, by shooting him with a rifle or other firearm, thereby causing the death of 
the said Marcelino Puno, on or about the 10th day of August, 1900. ' ' 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, the said Flaviano 
San Pedro, native, "To be hanged by the neck until he shall be dead, at such time 
and place as the proper reviewing authority may direct, two-thirds of the members 
of the commission concurring therein." 

In the foregoing case it appears that the accused, Flaviano San Pedro, in company 
of and a leader of four armed outlaws at Sumacab, Nueva Ecija, about August 10, 
1900, and within the lines of the American occupation, lay in wait for and intercepted 
a carromata containing two natives, Graciano Garcia and Marcelino Puno, the latter 
of whom this accused shot and killed, and robbed both of their money and valuables. 
The charge and specification is fully proven against this accused, and his own admis- 
sions corroborate the essential facts necessary to constitute the crime. 

No mitigating circumstances appear of record. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at San Isidro, Nueva Ecija, Luzon, P. I., on the twenty-third (23d) 
day of December, A. D. 1901, under the direction of the commanding general. 
Department of Northern Luzon. 

Bv command of Major General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 307 

Headquarters Division of the Philippines, 

Manila, P. I., November 29, 1901. 
General Orders, Xo. 368. 

Before a military commission which convened at Echague, Isabela, P. I., pursuant 
to paragraph 12, Special Orders, No. 121, Headquarters Department of Northern 
Luzon, May 5, 1901, and of which Captain (ieorge E. French, 16th U. S. Infantry, 
was president, and 2d Lieutenant Charles L. McKain, 16th U. S. Infantry, was judge- 
advocate, was arraigned and tried Nasario Yalle, native. 

Charge — ' ' Murder. ' ' 

Specification 1. — "That Nasario Valle, as leader of a band of outlaws numbering 
thirty, more or less, did wilfully and maliciously kill and murder Tiburcio Baltazar, 
a native, by beating him with pieces of rattan held in the hands of members of said 
band, from the effects of which the said Tiburcio Baltazar then and there died. This 
on or about the 1st day of Februar}', 1901, a time of insurrection against the lawful 
authority of the United States and at or near the pueblo of Ibung, province of Nueva 
Viscaya, P. I., territory occupied by the United States forces." 

Specification 3. — "That Nasario Valle, as leader of a band of outlaws numbering 
thirty, more or less, did wilfully and maliciously kill and murder Juan Oarang, a 
native, by beating him with pieces of rattan held in the hands of members of said 
band, from the effects of which the said Juan Oarang then and there died. This on 
or about the 7th day of February, 1901, a time of insurrection against the lawful 
authority of the United States and at or near the pueblo of Ibung, province of Nueva 
Viscaya, P. I., territory occupied by the L'nited States forces." 

Specifications. — " That Nasario Valle, as leader of a band of outlaws numbering 
thirty, more or less, did wilfully and maliciously kill and nuu'der Eulalio Saridon, a 
native, by burying him alive in the ground, which interment was performed by 
members of said band under the direction of said Nasario Valle, and from the effects 
of which said Eulalio Saridon then and there died. This on or al)out the 1st day of 
March, 1901, a time of insurrection against the lawful authority of the L'nited States, 
and at or near the pueblo of Ibung, province of Nueva Viscaya, P. I., territory 
occupied by the United States forces. ' ' 

Specification 4- — " That Nasario Valle, as leader of a band of outlaws numbering 
thirty, more or less, did wilfully and maliciously kill and murder Raymunda Alejo, a 
native woman, by burning her with fire while fastened to a stake, the said fire being 
set by members of said band, and from the effects of which said Raymunda xllejo 
then and there died. This on or about the 1st day of March, 1901, a time of insur- 
rection against the lawful authority of the United States, and at or near the pueblo 
of Ibung, province of Nueva Viscaya, territory occupied by the Untied States forces." 

Specification 5. — "That Nasario Valle, as leader of a band of outlaws, numbering 
thirty, more or less, did wilfully and maliciously kill and murder Federica Asuncion, 
a native woman, by burning her with fire while fastened to a stake, the said fire 
being set by members of said band, and from the effects of which said Federica 
Asuncion then and there died. This on or about the 1st day of March, 1901, a time 
of insurrection against the lawful authority of the L^nited States, and at and near the 
pueblo of Ibung, Nueva Viscaya, P. I., territory occupied by the United States forces." 

Specification 6. — "That Nasario Valle, as leader of a band of outlaws, numbering 
thirt}', more or less, did wilfully and maliciously kill and murder Francisco Suyat, a 
native, by cutting his throat wiith a knife held in the hands of members of said band, 
from the effects of which said Francisco Sugat then and there died. This on the 3d 
day of March, 1901, at the barrio of Latorre, pueblo of Bayambong, province of 
Nueva Viscaya, in a time of insurrection against the lawful authority of the United 
States and in tcrritorv occupied bv the United States forces. 

Plea.— "Not guilty." 

FiNDiNCis. — Of the first specification, "guilty." Of the second specification, 
"guilty." Of the third specification, "guilty." Of the fourth specitication, 
"guilty." Of the fifth specification, "guilty." Of the sixth specification, "not 
guilty." Of the charge, "guilty." 

Sentence. — And the conmiission does therefore sentence him, Nasario Valle, a 
native, "To be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case it appears that this accused, Nasario Valle, a conunissioner of 
the Katipunan Society at Ibung, Nueva S'iscaya, compelled the inhabitants to take 
the oath of that organization, issued orders that all who should refuse to follow the 
dictates of the same should suffer death, and in pursuance of such orders did in fact 
cause to be killed in the following barbarous manner: Tiburcio Baltazar and Juan 
Oarang, by beating them to death; Eulalio Saridon, by burying him alive; and Ray- 
munda Alejo and Federica Asuncion, native women, by burning at the stake. 



308 CHARGES OF CRITELTY, ETC., TO FILIPINOS. 

The guilt of the accused as found by the commission is estabhshed beyond all 
reasonable doubt, and the savage and horrible character of the crimes committed 
calls for but one fitting penalty. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed against this accused Nasario Valle, at Solano. Xueva Viscaya, Luzon, 
P. I., on the nineteenth (19th) day of December, A. D., 1901, under the direction of 
the commanding general, Department of Northern Luzon. 

By Command of Major-General Chaffee: 

W. P. Hall, 
Assistcmt Adjutant-General. 



Headquarters Division of the Philippines, 

Manila, P. I., November 30, 1901. 
General Orders, No. 371. 

Before a military commission "which convened at San Fernando, province of Pam- 
panga, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 203, Headquarters 
Department of Northern Luzon, July 27, 1901, and of which Major George H. Pad- 
dock, 5th L". S. Cavalry, was president, and Second Lieutenant Burton J. Mitchell, 
22d U. S. Infantry, was judge-advocate, were arraigned and tried: 

I. — Liberate Lazaro, native. 

Charge. — ' ' Murder. ' ' 

Specification. — ''In that he, Liberato Lazaro, native, in company of and consorting 
with a band of armed outlaws, number unknown, and of which he was the leader, 
and having in his power as a prisoner one Jose Buencamino, native, presidente of 
the pueblo of San ]Miguel de 3Iayumo, province of Bulacan, did order one Regino 
Cervantes, native, member of said band, to stab the aforesaid Jose Buencamino with 
a dagger, which was done, and from the effects of which the latter then and there 
died. This feloniously and with malice aforethought, at or near the sitio of Bisal, 
jurisdiction of the pueblo of Baliuag, province of Bulacan, on or about the 4th day 
of November, 1900, this being in time of insurrection, and in a region the scene of 
active militarv operations." 

Plea.— "Not guilt V." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence hun, Liberato Lazaro, 
native, "to be hung by the neck until dead, two-thirds of the commission concur- 
ring therein, at such time and place as the reviewing authority may designate." 

II.— Regino Cervantes, native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that he, Eegmo Cervantes, being voluntarily a member of a 
band of armed outlaws, under the immediate command of one Liberato Lazaro, and 
associating with said Lazaro as well as with Camelo ^Nlendoza, Ciriaco de la Rosa and 
divers other natives, unknown, did kill and murder one Jose Buencamino, native, 
presidente of the pueblo of San Miguel de ]\[ayumo, province of Bulacan, by stab- 
bing the aforesaid Jose Buencamino with a dagger, inflicting wounds from which he 
then and there died, the aforesaid Jose Buencamino being at the time a helpless 
prisoner in the hands of said band of outlaws of which Regino Cervantes was a 
member. This feloniously and with malice aforethought, at or near the sitio of 
Bisal, jurisdiction of the pueblo of Baliuag, province of Bulacan, on or about the 4th 
day of November, 1900, this being in time of insurrection, and in a region the scene 
of active military operations." 

Plea. — To the specification, "guilty, with the excei^tion of the words 'and 
murder' and 'this feloniously and with malice aforethought,' to the excepted words, 
not guilty." To the charge, "not guilty." 

Finding. — Of the specification, "guilty, excepting the words 'and murder' and 
'with malice aforethought,' and of the excepted words not guilty." Of the 
charge, "not guilty, but guilty of manslaughter." 

Sentence. — And the commission does therefore sentence him, the said Regino Cer- 
vantes, native, "to be confined at hard labor, at such place as the reviewing author- 
ity n)ay designate, for a period of fifteen (15) years." 

III. — Camelo Mendoza and Ciriaco de la Rosa, natives. 

C H ARCiE. — • ' Murder. ' ' 

Specification. — "In that they, Camelo Mendoza and Ciriaco de la Rosa, natives, 
being voluntarily members of a band of armed outlaws under the command of one 
Liberato Lazaro, and associating with said Liberato Lazaro as well as with Regino 
Cervantes and divers natives whose names are unknown, did take one Jose Buen- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 309 

camino, native, presidente of the pueblo of San Miguel de Mayumo, province of 
Bulacan, to a secluded spot in the vicinity of Bisal, a sitio in the vicinity of Baliuag, 
province of Bulacan, and did there guard him while he was killed by the aforesaid 
Regino Cervantes, who stabbed the aforesaid Jose Buencamino with a dagger, from 
the effects he then and there died, said Jose Buencamino being at that time a help- 
less prisoner in the hands of said band of armed outlaws, of which Camelo Mendoza 
and Ciriaco de la Rosa were members. This feloniously and with malice afore- 
thought at the place specified, on or about the 4th day of November, 1900, this being 
in time of insurrection and in a region the scene of active militarv operations." 

Plea.— "Not guilty." 

Finding. — Of the specification, "guilty, except the words 'and with malice afore- 
thought' and of the excepted words not guilty." Of the charge, "not guilty, but 
guilty of manslaughter." 

Sentence. — And the commission does therefore sentence them, the accused Camelft 
Mendoza and Ciriaco de la Rosa, natives, "to be confined at hard labor, at sucn 
place as the reviewing authority may designate, for a period of fifteen (15) years." 

In the foregoing cases of Liberato Lazaro, Regino Cervantes, and Ciriaco de la Rosa 
and Camelo Mendoza, natives, it appears by the evidence that these accused were 
insurgent guerrillas who, in the ordinary dress of men engaged in peaceful pursuits, 
operated within the lines of occupation of the United States forces; that because of 
special trust reposed in them by their senior officers they were selected with others 
to take charge of Jose Buencamino — w^ho had accepted office as the American presi- 
dente of San Miguel de Mayumo, and was then held by the insurgents as a prisoner 
— and to conduct him to a secluded spot and kill him. This order was carried out 
by these accused under the direction of Liberato Lazaro, who held the rank of lieu- 
tenant, Regino Cervantes giving the fatal blows with a dagger, while Ciriaco de la 
Rosa and Camelo Mendoza stood by to insure the faithful execution of the order to 
kill their helpless victim. 

Soldiers who in the ordinary dress of citizens steal into or dwell within the lines 
of the opposing army for the purposes of robbery and murder or to secretly burn and 
destroy property valuable to such opposing army, or to commit other high crimes, 
are not entitled to the protection of the laws of war. Such offenders can not plead 
the orders of their superior officers in justification of their murderous deeds, but like 
the spy caught in the act within the lines of the opposing forces, they must suffer the 
consequences of their own acts. 

The sentences, approved by the department commander, are confirmed, but as 
the chief instigator of this wanton murder has already paid the penalty therefor 
with his life, the sentence in the case of Liberato Lazaro is commuted to imprison- 
ment at hard labor for the term of fifteen years. 

The sentences as confirmed in each case, and as commuted in the case of Liberato 
Lazaro, will be duly executed at the Presidio de Manila, to which these prisoners 
will be sent under proper guard. 

By command of Major General Chaffee: AV. P. Hall, 

Assistan t Adjutant- Gen eral. 



Headquartees Division of the Phillipines, 

Manila, P. L, December 5, 1901. 
General Orders, No. 376. 

Before a military commission which convened at Iloilo, Panay, P. L, pursuant to 
paragraph 3, Special Orders, No. 70, Headquarters Department of the Visayas, 
March 16, 1901, and of which Maj. Charles J. Crane, U. S. Infantry, Assistant Adju- 
tant-General, was president, and Capt. Edwin F. Glenn, 25th U. S. Infantry, was 
judge-advocate, was arraigned and tried Segundo Las Banas, a native. 

Charge I. — "Murder." 

Specification. — "In that Segundo Las Bafias, native, did willfully, feloniously, and 
with malice aforethought murder and kill Placida Catalonia, daughter of Jose Cata- 
lonia, by shooting said Placida Catalonia with a rifle, the bullet therefrom striking 
said Placida Catalonia in the forehead and passing entirely through the head, thereby 
inflicting a mortal wound, of which the said Placida Catalonia there and then diea. 
"This at the barrio of Ipil, pueblo Calinog, province of Iloilo, Panay, P. I., then, as 
now, a time of insurrection against the authority of the United States Government, 
on or about the 'fourth Wednesdav' of Februarv, 1901." 

Charge II.—" Assault with intent to kill." 

Specification. — "In tliat Segundo Las Banas, native, did willfully, feloniously, and 
with malice aforethought, with intent to kill, assault Pas Catalonia, daughter of 
Silvestre Catalonia, and shoot with a rifle said Pas Catalonia, inflicting a painfu 



310 CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 

wound, said Pas Catalonia being shot at or near the right ear, the bullet passing 
through the head and coming out through the right eye. This at the barrio of 
Ipil, pue])lo of Calinog, province of Iloilo, Panay, P. I., then, as now, a time of 
insurrection against the authority of the United States Government, on or about the 
'fourth "Wednesdav' iuFebruarv, 1901." 

Charge III.— "Robbery." 

Specijicatiou 1. — "In that Segundo Las Banas did feloniously and forcibly take, 
steal, and carry away from the presence of and the property of Ramon Alcalde (he 
herding and watching a herd of carabao) 36 carabao of the value of 1,400 pesos, 
Mex.,said Segundo Las Banas having first made a prisoner of and having bound the 
said Ramon Alcalde. This at the barrio of Alibunan, pueblo of Calinog, province of 
Iloilo, Panay, P. I., then, as now, a time of insurrection against the authority of the 
United States Government, on or about the 15th day of February, 1901." 

Specification 2. — "In that Segundo Las Banas did feloniously and forcibly take, 
steal, and carry away from the presence of, and the propertj'^ of Ramon Alcalde, one 
carabao, of the value of 40 pesos, Mex., after intimidating and making a prisoner of 
the said Ramon Alcalde; Segundo Las Baiias being accompanied by 15 men armed 
with rifles. This at the puel)lo, Tapaz, province of Capiz, Panay, P. I., then, as 
now, a time of insurrection against the authority of the L^nited States Government, 
on or about the 7th day of February, 1901." 

Specification S. — "In that Segundo Las Baiias did feloniously and forcibly take, 
steal, and carry away from the person of and the property of Ramon Alcalde, ten 
pesos, being money of legal tender, of the value of §5.00 gold, L'nited States currency. 
This at the pueblo of Tapaz, province of Capiz, Panay, P. I., then, as now, a time 
of insurrection against the authoritv of the United States Government, on or about 
the 7th day of February, 1901." 

Plea. — "Not suiltv." 

Finding.—' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Segundo Las Bafias, 
native, "to be hung by the neck till dead, at such time and place as may be directed 
by the reviewing authority, two-thirds of the members concurring in the death sen- 
tence." In the foregoing case it appears that this accused, Segundo Las Baiias, a 
leader of a band of outlaws which, with intent to rob a corral, fired upon the inmates 
of the house of the owner and wantonly killed with a rifle a native woman, Placida 
Catalonia, and wounded in the head a small native girl twelve years of age, causing 
the loss of her right eye. It further appears that this accused and his band com- 
mitted other robberies in the manner and form as charged. 

No reasonable doubt as to the full guilt of the accused arises from the record, and 
his murder of a defenseless woman and cruel wounding of an innocent child was 
wanton and malicious. 

The sentence, approved by the Department Commander, is confirmed, and will be 
duly executed against this accused, Segundo Las Baiias, at Iloilo, Panay, P. I., on 
the twenty-second (22d) day of January, A. D. 1902, under the direction of the Com- 
manding General, Department of South Philippines. 

Bv command of INIajor-General Chaffee, 

W. P. Hall, 
Assistant A djutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., December 6, 1901. 
General Orders, No. 378. 

Before a military commission which convened at Malabon, Rizal, Luzon, P. I., 
pursuant to paragraph 5, Special Orders, No. 156, Headquarters Department of 
Northern Luzon, June 8, 1901, and of which Major William H. Cook, surgeon, U. S. 
Volunteers, was president and 1st Lieutenant Paul Giddings, 3d L". S. Infantry, was 
judge-advocate, were arraigned and tried Dionicio Jumaquio and Selvino Pangan, 
natives. 

Charge L — "Kidnaping." 

Si^ecification. — "In that they, Dionicio Jumaquio and Selvino Pangan, natives, 
both residents of the pueblo of Paombong, Province of Bulacan, P. L, each of them 
in company of and consorting with a band of outlaws, armed with guns and bolos, 
five, more or less, in number, did feloniously and forcibly seize, bind and carry away 
against his will one ]Marianno Cruz, native. This on or about the 1st day of Decem- 
ber, 1900, a time, then as now, of insurrection against the lawful authority of the 
United States, at or near the barrio of Capitangan, pueblo of Paombong, Province 



CHARGES OF CRUELTY, ETC., TO FTLIPIT^OS. 311 

of Bulacan, P. I., a place, then as now, under the mihtary government of the 
United States." 

CharCxE II.—" Murder. ' ' 
• Specification. — " In that they, Dionicio Jumaquio and Selvino Pangan, natives, 
both residents of the pueblo of Paonibong, Province of Bulacan, P. I., each of them, 
in company of and consorting with a band of outlaws, five, more or less, in number, 
armed, witli guns and bolos, under the leadership of the said Dionicio Jumaquio, did 
feloniously, willfully, and with malice aforethought assault one Marianno Cruz, 
native, by striking, stabbing, and beating the said ^larianno Cruz, native, with bolos, 
guns, and clubs held in the hands of the said Dionicio Jumaquio and Selvino Pangan, 
and throwing him, the said Marianno Cruz, bound, into the Calanate River with 
intent to kill and murder him, from the effects of which he, the said Marianno Cruz, 
then and there died. This on or about the 1st day of Deceml^er, 1900, a time, 
then as now, of insurrection against the military authority of the United States, at 
or near the barrio of Capitangan, pueblo of Paombong, Province of Bulacan, P. I., a 
place, then as now, under the militarv government of the United States." 

Pleas.— "Xot guilty." 

Findings. — " Guilty." 

Sentence, — And the commission does therefore sentence them, Dionicio Jumaquio 
and Selvino Pangan, natives, and each of them, "to be hanged by the neck until 
dead, at such time and place as the reviewing authority may direct, two-thirds (2-3) 
of the commission concurring therein. ' ' 

In the foregoing case it appears that these two accused, Dionicio Jumaquio and Sel- 
vino Pangan, natives, in company of other outlaws, all armed with clubs and bolos 
and having with them one rifle, seized, bound, and carried away from his home at 
Paombong, Bulacan, one Marianno Cruz, who was afflicted with a swelling on the 
back of his neck, which appears to have created the impression that he was a 
witch, with power, by occult methods, to make cocoanuts and eggs grow in people's 
bodies. 

Conveying their victim to the river bank they killed him with blows from their 
clubs, the butt of their gun, and by stabbing him with a dagger. They then cast his 
body into the river, from whence it was subsequently recovered and identified. 

The sentence, approved by the department commander, is confirmed, but in 
accordance with his recommendation to clemency, and in view of the gross ignor- 
ance and superstition of these accused, is commuted as to each of these accused to 
imprisonment at hard labor for ten (10) years. As thus commuted the sentence will 
be duly executed at the Presidio de Manila, to which these prisoners will be sent 
mider proper guard. 

Bv command of Major-General Chaffee: 

AV. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. /., December 9, 1901. 
General Orders, No. 383. 

Before a military commission which convened at Santa Cruz, Laguna, Luzon, P. I., 
pursuant to paragraph 6, Special Orders, No. 256, Headquarters Department of 
Southern Luzon, September 13, 1901, and of which Capt. Chase AV. Kennedy, 8th 
U. S. Infantry, was president, and First Lieut. John F. James, 8th U. S. Infantry, 
was judge-advocate, was arraigned and tried Macario del Rosario y Alviar, native. 

Charge. — "Violation of the laws of war." 

Specification 1. — "In that Macario del Rosario y Alviar, a native and inhabitant of 
Majayjay, Laguna, P. I., a place then, and now, occupied by military forces and 
under the mihtary government of the United States, having voluntarily taken the 
oath of allegiance to the L'nited States, and having been placed by United States 
authorities in a position of profit and trust as lieutenant of native police of ^lajayjay, 
Laguna, P. I., did break said oath by deserting to Pedro Caballes, insurgent chief in 
Majayjay, Laguna, P. I., district. This on or about July 29, 1901, a time then, as 
now, of insurrection against the authority of the United States, at or near the place 
above specified." 

Specification ;?. — " In that ^Macario del Rosario y Alviar, a native and inhabitant of 
Majayjay, Laguna, P. I., a place then, as now, occupied by the military forces and 
under the military government of the United States, having been placed by United 
States authorities in a position of profit and trust as lieutenant of the native police of 
Majayjay, Laguna, P. I., and having voluntarily accepted such position, and having 
received positive orders from Capt. Traber Norman, 8th Infantry, commanding 



312 CHARGES OF CRUELTY, ETC., TO FILIPIl^OS. 

officer, Majayjay, Laguna, P. I., to arrest all insurgent soldiers and officials entering 
the town of Majayjay, Laguna, P. I., did fail and neglect to obey such orders. This 
on or about July 25, 1901, a time then, as now, of insurrection against the authority 
of the United States, at the place aboA-e specified." 

Specification 3. — "In that Macario del Rosario y Alviar, a native and inhabitant of 
Majayjay, Laguna, P. I., a place then, as now, occupied by the military forces and 
under the military government of the United States, having been placed by United 
States authorities in a position of profit and trust as lieutenant of the native police of 
Majayjay, Laguna, P. I., and having voluntarily accepted such position, did, in 
manifest violation of his duty, without authority, hold communication with the 
enemy, by receiving the envoys sent him by Pedro Cabelles, insurgent chief of 
Majayjay, Laguna, P. L, district. This on or about June 25, 1901, a time then, as 
now, of insurrection against the authority of the United States at the i^lace above 
specified. 

Specification 4- — "In that Macario del Rosario y Alviar, a native and inhabitant of 
Majayjay, Laguna, P. I., a place then, as now, occupied by the military forces and 
under the military government of the United States, having been placed by the 
United States authorities in a position of profit and trust as lieutenant of the native 
police, and having voluntarily accepted such position, did, in manifest violation of 
his duty, and without authority, hold communication with the enemy by meeting 
the envoys of Pedro Caballes, insurgent chief of I\Jajayjay district. This at Pagalot, 
a barrio of Majayjay, Laguna, P. I., on or about June 24, 1901, a time then, as now, 
of insurrection against the authority of the United States." 

Specification 5. — "In that Macario del Rosario y Alviar, a native and inhabitant of 
Majayjay, Laguna, P. I., a place, then as now, occupied by the military forces and 
under the military government of the United States, having been placed by L'nited 
States authorities in a position of profit and trust as lieutenant of the native police 
of Majayjay, Laguna, P. I., and having voluntarily accepted such position, did, 
willfully and in violation of positive orders received from Capt. Traber Xorman, 8th 
Infantry, order and command Simeon Eriga, Severo Arganosa, ^Mariano Tribe, Juan 
Berquela, Vicente Soto, and Esequiel Francisco, six native policemen of Majayjay, 
Laguna, P. I., to procure their arms and accompany him to patrol the roads in the 
vicinity of Majayjay, Laguna, P. I. This on or about July 29, 1901, a time then, 
as now, of insurrection against authority of the United States Government, at or 
near the place above specified. ' ' 

Specifications. — "In that Macario del Rosario y Alviar, a native and inhabitant 
of Majayjay, Laguna, P. I., a place then, as now occupied by the military forces^ 
under the military government of the United States, having been placed by the 
United States authorities in a position of trust and profit and having voluntarily 
accepted such position, and having without authority commanded and ordered Simeon 
Eriga, Severo Arganosa, Mariano Tribe, Juan Berquela, Vicente Soto, and Esequiel 
Francisco, six native policemen of Majayjay, Laguna, P. L, to accompany hira to 
patrol the roads in the vicinity of Majayjay, Laguna, P. I., did surrender, or cause 
to be surrendered, to Pedro Caballes, insurgent chief of Majayjay, Laguna, P. I., dis- 
trict, or his representatives, the six above specified native policemen, with six (6) 
Springfield carbines, cal. .45, sixty (60) rounds Springfield ammunition, cal. .45, and 
six woven cartridge belts, cal. .45, the property of the L'^nited States, and for which 
Capt. Traber Xorman, 8th Infantry, is accountable. This on or about July 29, 1901, 
a time then as now of insurrection against the L^nited States authority, at or near the 
place above specified." 

Specification 7. — "In that Macario del Rosario y Alviar, a native and inhabitant of 
Majayjay, Laguna, P. I., a place then, as now, occupied by the military forces and 
under the military government of the United States, having been placed by United 
States authorities in a position of profit and trust, as lieutenant of the native police 
of Majayjay, Laguna, P. I., and having voluntarily accepted such position, did, with- 
out authority, take one (1) Colt's revolver, cal. .45, and six (6) rounds of revolver 
ammunition, cal. .45, the property of the United States, and for which Capt. Traber 
Xorman, 8th Infantry, is accountable, and did surrender said revolver to Pedra 
Caballes, insurgent chief, Majayjay, Laguna, P. I., district. This on or about July 
29, 1901, a time then, as now, of insurrection against the authority of the L^nited 
States, at or near the place above specified." 

Plea. — To the first specification, "guilty." To the second specification, "guilty." 
To the third specification, "guilty." To the fourth specification, "not guilty." Ta 
the fifth specification, "guilty." To the sixth specification, "guilty." To the 
seventh specification, "guiltv." To the charge, "guilt v." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, INIacario del Rosario 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 313 

y Alviar, native, "to be confined at hard labor, at such place as the reviewing 
authority may direct, for twenty (20) years." 

In the' foregoing case it appears that this accused, Macario del Rosario y Alviar, 
having voluntarily taken the oath of allegiance to the United States Government, 
and having accepted a position of trust under that Government as lieutenant of 
police of Majayjay, Laguna, P. I., did violate said oath by deserting to the insur- 
gents within his jurisdiction; holding communication with the enemy; disobeying 
the orders of his superiors, and surrendering and turning over to the insurgent chief 
Pedro Cabelles, six native policemen, with their arms and ammunition, and a revolver 
and six rounds of ammunition, the property of the United States. 

The accused pleaded guilty to all the specifications save the one alleging his com- 
munication with the enemy, admitting such communication, however, in his statement 
at the trial. Evidence was taken fully confirming his plea. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which this prisoner will be sent under 
proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- Gene red. 



Headquaktees Division of the Philippines, 

Manila, P. J., December 9, 1901. 

General Orders, Xo. 384. 

Before a military commission which convened at Lucena, Tayabas, Luzon, P. L, 
pursuant to paragraph 5, Special Orders, Xo. 210, Headquarters Department of South- 
ern Luzon, July 29, 1901, and of which Captain Harry H. Bandholtz, 2d U. S. Infan- 
try, was president, and 1st Lieutenant George C. Martin, 2d U. S. Infantry, judge- 
advocate, were arraigned and tried Marcelo Oliveros, Marciano Alba, Andreano Can- 
delario, Gregorio Cataquis, Lorenzo Constantino, Cresanto Menlio, and Mariano 
Ortes, natives. 

Charge. — " Violation of the laws of war." 

Specification. — "In that Marcelo Oliveros, Marciano Alba, Andreano Candelario, 
Gregorio Catacjuis, Lorenzo Constantino, Cresanto Menlio, and Mariano Ortes, 
natives, owing allegiance to the United States, and duly installed members of the 
municipal police at Unisan, province of Tayabas, Luzon, P. I., did willfully desert 
said municipal police, carry away with them five (5) cal. .30 magazine rifies, four 
(4) cal. .45 Remington rifles, and two hundred, more or less, rounds of ammunition, 
property of the United States issued to them for use, and did join the insurgent forces 
under Zurbano, then operating in the vicinity of Unisan. This on or about July 2, 
1901, in the pueblo above named, a place then as now occupied by the military gov- 
eniment of the United States." 

Plea.— "Not guilty." 

Finding. — " Guilty. ' ' 

Sentence. — And the commission does therefore sentence them, Marcelo Oliveros, 
Marciano Alba, Andreano Candelario, Gregorio Cataquis, Lorenzo Constantino, Cre- 
santo Menlio, and Mariano Ortes, natives, and [each of them, "to fifteen [lb] years' 
confinement at hard labor at such place as the reviewing authority may direct." 

In the foregoing case it appears that these accused, Marcelo Oliveros, 3Iarciano 
Alba, Andreano Candelario, Lorenzo Constantino, Cresanto Menlio, ^lariano Ortes, 
and Gregorio Cataquis, natives, were policemen of the pueblo of Unisan, Tayabas, 
and that each had taken the oath of allegiance to the United States Government. 
About July 1, 1901, they deserted their service in a body, joined the enemy, with 
whom they enlisted as soldiers, and carried away Avith them five magazine rifles, 
cal. .30, four Remington rifles, cal. .45, and about two hundred rounds of ammuni- 
tion. These accused were subsequently surrendered as a part of the forces of Gen- 
eral Cailles. Xo reasonable doubt of their full guilt arises from the record. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the presidio de Manila, to which jilace these prisoners will be sent 
under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



S14: CHARGES OF CRUELTY, ETC., TO FILIPIlSrOS. 

Headquarters Division of the Philippines, 

Manila, R L, December 9, 1901. 
General Orders, Xo. 385. 

Before a military commission which convened at Lucena, Tayabas, Luzon, P. L, 
pursuant to paragaaph 5, Special Orders, Xo. 210, Headquarters Department of South- 
ern Luzon, July 29, 1901, and of which Captain Harry H. Bandholtz, 2d 13". S. Infantry, 
was president and 1st Lieutenant George C. Martin, 2d U. S. Infantry, was judge- 
advocate, were arraigned and tried: Luciano Quesao, Gregorio Rama, Felix Que- 
brante, and Justino Yago, natives. 

Charge I.— "Rape." 

Specification. — "In that Lucianao Quesao, Gregorio Rama, Felix Quebrante, and 
Justino Yago (native Filipinos), and each of them, armed with a gmi and bolos, in 
company with another whose name is unknown, at the barrio of Annos, pueblo of 
Tayabas, Province of Tayabas, Luzon, P. I., in territory then, as now, occupied by 
United States troops, and at a time, then as now, of insurrection against the lawful 
authority of the L'nited States, did unlawfully and feloniously have carnal knowledge 
of and ravish one Inocenta Kabanero, a native Filipino woman of the age of about 
twenty-five (25) years, by means of force and against her will." "This at the place 
above specified, at about ten (10) o'clock p. m., on or about the 25th dav of April, 
1901." 

Charge II. — " Attempt to rape." 

Specification. — "In that Luciano Quesao, Gregorio Rama, Felix Quebrante, and 
Justino Yago (native Filipinos), and each of them, armed with a gun and bolos, in 
company with another whose name is unknown, at the iDarrio of Annos, pueblo of 
Tayabas, Province of Tayabas, Luzon, P. I., in territory then, as now, occupied by 
United States troops, and at a time, then, as now, of insurrection against the lawful 
authority of the L'nited States, did unlawfully and feloniously have carnal knowledge 
of, and attempt to ravish, one Victoria Lenor, a native Filipino woman of about the 
age of twenty-five (25) years, by means of force and against her will." " This at the 
place above specified, at about 10 o'clock p. m., on or about the 25th dav of April, 
1901." 

Plea.— "Xot guilty." 

Findings. — Of the specification, first charge, "guilty, except the words 'each of 
them,' and of the excepted words, not guilty." Of the first charge, "guilty." Of 
the specification, second charge, "guilty, except the words, each of them,' and the 
words ' unlawfully and feloniously have carnal knowledge of and ' and of the excepted 
words, not guilty." 

Sentence. — And the commission does therefore sentence them, Luciano Quesao, 
Gregorio Rama, Felix Quebrante, and Justino Yago, natives, and each of them, " To 
be confined at hard labor for fifteen years at such place as the reviewing authority 
may direct." 

The evidence in the foregoing case of Luciano Quesao, Gregorio Rama, Felix 
Quebrante, and Justino Yago, natives, sustains the charges and specifications beyond 
a reasonable doubt. 

The sentence, approved by the department commander, is confirmed and will 
be duly executed at the Presidio de Manila, to which these prisoners will be sent 
under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 
General Orders, No. 386. ' Manila, P. I., December 10, 1901. 

Before a military commission which convened at Nagcarlang, Laguna, Luzon, P. L, 
pursuant to paragraph 8, Special Orders, No. 169, Headquarters Department of 
Southern Luzon, June 18, 1901, and of which Captain Traber Norman, 8th U. S. 
Infantry, was president, and First Lieut. Charles P. Faulkner, 8th U. S. Infantry, 
was judge-advocate, was arraigned and tried Barcileso or Narcisso Cabantag, alias 
Ladroso, a native. 

Charge I. — "Murder." 

Specification. — "In that he, Barcileso or Narcisso Cabantag, alias Ladroso, a native, 
on or about April 4, 1901, at about 7 o'clock p. m., then, as now, a time of insurrec- 
tion, at or near Nagcarlang, Laguna Province, P. I., a place then, as now, under the 
military government of the L^. S., did willfully, feloniously, and with malice afore- 
thought, kill and murder one Juan Velasco, presidente of said town under military 



CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 315 

governinent of the U. S., by shooting the said Velasco with a pistol held in the hands 
of the said Cabantag, ahas Ladroso, inflicting thereby a mortal wound, on said day, 
in consequence of which the said Yelasco did die in about one hour's time, or at 
eight o'clock on the 4th day of April, 1901." 

Charge II. — "iVssault with intent to kill." 

Specification. — "In that he, Barcileso or Narcisso Cabantag, alias Ladroso, a native, 
did feloniously assault one Clara Velasco, a native girl, by pointing and pulling the 
trigger and snapping a loaded revolver at her, with intent to kill. This in time of 
insurrection, at Nagcarlang, Laguna Province, P. I., a place under the military gov- 
ernment of the U. S., on or about the 4th day of April, 1901, at about 7 o'clock p. m." 

Plea. — To the specification, first charge, "guilty;" to the first charge, "guilty;" 
to the specification, second charge, ' ' not guilty; ' ' to the second charge, ' ' not guilty." 

Finding. — Of the specification, first charge, "guilty, except the word 'pistol,' sub- 
stituting therefor the words, "Remington rifle;' of the excepted word, not guilty, 
and of the substituted words guilty;" of the first charge, "guilty;" of the specifica- 
tion, second charge, "not guilty;" of the second charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Barcileso or Nar- 
cisso Cabantag, alias Ladroso, native, "To l^e hanged by the neck until dead, at such 
time and place as may be designated by the reviewing authority, two-thirds of the 
members concurring therein." 

In the foregoing case it appears that this accused, Narcisso Cabantag, as a result of 
a previous difficulty with deceased, Juan Velasco, local presidente of Nagcarlang, 
Laguna, over a gambling debt, lay in hiding and in wait for the passing of a church 
procession in which marched deceased, who, as he passed the ambush, was shot to 
death with a Remington rifle, discharged at short range by this accused. 

Of this crime accused pleaded guilty, but the commission properly received evi- 
dence of the merits of the case. The crime, as found, was fully proven, and in his 
testimony the accused himself freely admitted all of the essential facts necessary to 
constitute the offense. No circumstance of legal justification or extenuation appears 
of record. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Santa Cruz, Laguna, Luzon, P. I., on the fifteenth (15th) day of Jan- 
uary, A. D. 1902, under the direction of the commanding general. Department of 
North Philippines. 

By command of Major-General Chaffee: W. P. Hall, 

Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., December 10, 1901. 
General Orders, No. 387. 

Before a military commission, which convened at Vigan, Ilocos Sur, Luzon, P. I., 
pursuant to paragraph 2, Special Orders, No. 184, Headquarters Department of North- 
ern Luzon, July 7, 1901, and of which Major Edgar Z. Steever, 3d U. S. Cavalry, was 
president, and 2d Lieutenant Frank B. Davis, 5th TJ. S. Infantry, was judge-advo- 
cate, was arraigned and tried Austin Aguilar, native. 

Charge. — " Murder." 

Specification. — "In that Augustin Aguilar, a native Filipino, did on or about May 
14, 1900, at or near Maxinal, a barrio of the pueblo of Salcedo, province of South 
Ilocos, Luzon, in territory occupied by LTnited States troops, at a time of insurrection 
against the lawful authority of the United States, in company with Enrique Alacar, 
Marciano Galleta, I^eoncio Galleta, and Juan Suni, all Filipinos, set upon and take 
and carry away Antonio Abaya, a native Filipino, and he, the said Agustin Aguilar, 
did willfully, feloniously, and with malice aforethought kill and murder the said 
Antonio Abaya, by beating him with a club and by cutting the throat of the said 
Antonio Abaya with a bolo held in the hand of Agustin Aguilar, thereby infiicting 
wounds of which the said Antonio Abaya then and there died. This at or near bar- 
rio of Maxinal, pueblo of Salcedo, province of South Ilocos, on or about May 14, 
1900." 

Plea.— "Not guilty." 

Finding. — " Guilty." 

Sentence. — And the commission does therefore sentence him, Agustin Aguilar, 
" To be hanged by the neck until dead, at such place as the reviewing authority 
may designate, two-thirds of the members of the commission concurring therein." 

In the foregoing case, it appears that this accused, Agustin Aguilar, was a leader of 
a band of armed outlaws known as " Sandatahans;" that in company of members of 



816 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

his band he repaired to the house of Antonio Abaya, accused of being a spy, and out 
of mere wanton exercise of assumed authority, then and there, personally beat him 
over the head with a club and subsequently cut his throat with a saber, from the 
effects of which Abaya then and there died. 

Upon the witness stand the accused gave another reason for this murder, which 
was that the community desired it because decedent had "a bad sickness." Of this 
there is no proof; but if it were true as alleged, it would only add to the savage 
aspect of the crime. The lesson must be learnd that all men who take the lives of 
their neighbors for any reason not first determined by public trial in a court of law, 
must expect to suffer death themselves if tried and convicted of such unlawful taking 
of the lives of their neighbors. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for life; and as thus commuted, will be duly 
executed at the Presidio de INlanila, to which the prisoner will be sent under proper 
guard. 

By command of Major-General Chaffee: W. P. Hall, 

Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., December 13, 1901. 
General Orders, No. 391. 

Before a military commission which convened at Oroquieta, Mindanao, P. I., pur- 
suant to paragraph 1, Special Orders, No. 137, Headquarters Department of Mindanao 
and Jolo, July 13, 1901, and of which Captain Francis J. Koester, 15th U. S. Cavalry, 
was president, and 2d Lieutenant Arthur J. Lynch, 15th V. S. Cavalry, was judge- 
advocate, was arraigned and tried Baltizar Saldivar, native. 

Charge I. — "Being a member of and abetting in the w^ork of an organized band 
of armed outlaws, contrary to the laws and usages of war. ' ' 

Specification. — "In that he, Baltizar Saldivar, native, M^as a member of and did con- 
sort and act with a band of armed outlaws to the number of fourteen (14) , more or 
less, commanded and led by one Julio Rocla, native, the said band during the time 
the said Baltizar Saldivar was consorting and acting with it as aforesaid, was actually 
engaged in robbery, arson, and assassination in and near the barrio of Macpan, pueblo 
of Jiminez, province of Misamis, P. I. This at or near the place specified, a place, 
then as now, within the theater of active military operations by the LTnited States 
forces, during the month of January, 1901, a time, then as now, of insurrection against 
the United States." 

Charge. — " Murder. " 

Specification 1. — "In that he, Baltizar Saldivar, native, in company of and consort- 
ing with armed outlaws to the number of fourteen (14), more or less, commanded 
and led by one Julio Roda, native, did willfully and feloniously abet and assist in 
murdering one Eugenio Sarmiento, native, by stabbing him, the said Eugenio Sar- 
miento, with knives and bolos held in the hands of members of the said band of 
outlaws, inflicting wounds whereof the said Eugenio Sarmiento then and there died. 
This in time of insurrection against the United States, on or about the 9th day of 
January, 1901, at or near the barrio of Macpan, province of Misamis, P. L, a place 
then, as now, in the theater of military operations." 

Specification 2. — "In that he, Baltizar Saldivar, native, in company of and con- 
sorting with armed outlaws to the number of fourteen (14) , more or less, commanded 
by one Julio Roda, native, did willfully, feloniously, and with malice aforethought 
murder and kill one native Filipino, name unknown, by stabbing him, the said 
native Filipino, with knives and bolos held in the hands of the said Baltizar Saldivar, 
and of the said outlaws, inflicting wounds wdiereof the said native Filipino then and 
there died. This in time of insurrection against the United States, on or about the 
9th day of January, 1901, at or near the barrio of INIacpan, pueblo of Jiminez, province 
of Misamis, P. L, a place, then as noW', in the theater of military operations." 

Specification 8. — "In that he, Baltizar Saldivar, native, in company and consorting 
with armed outlaws to the number of three (3), more or less, did willfully, feloni- 
ously, and with malace aforethought murder and kill Santiago Maglipac, native, by 
stabbing him, the said Santiago Maglipac, wdth knives and bolos held in the hands 
of the said Baltizar Saldivar, and of the said outlaws, inflicting wounds whereof the 
said Santiago 3Iaglipac then and there died. This in time of insurrection against 
the United States, on or about the 17th day of May, 1901, at or near the barrio of San 
Vicente, pueblo of Oroquieta, province of Misamis, P. I., a place then, as now, in the 
theater of military operations. ' ' 



CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 317 

Plea.— "Xot guilty." 

Finding. — Of the first specification, first charge, "guilty, except the word 'arson' 
and of the excepted word not guilty." Of the first charge, '"guilty." Of the first 
specification, second charge, "not guilty." Of the second specification, second 
charge, "guilty." Of the third specification, second charge, "guilty." Of the 
second charge, "guilty." 

Sentence. — And the commission does therefore sentence the accused, Baltizar 
Saldivar, ' ' To be hanged by the neck until he is dead, at such time and place as the 
re^dewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Baltizar Saldivar it appears that the accused was an active 
member of an armed band of outlaws commanded by one Julio Roda, engaged in 
depredations, robberies, and assassinations in and near Jiminez, province of Misamis, 
w^hich band was sworn to "War to the knife" against all friendly to the Americans; 
that he personally aided and participated in the murder of an unknown native at 
Macpan by stabbing and cutting him to death with knives and bolos, actuated by a 
suspicion that the victim was an American spy, and that he similarly and with like 
motive killed one Santiago ^Nlaglipac at San Vicente, pueblo of Oroquieta, Misamis. 

The accused pleaded "guilty" to all of the charges and specifications, which plea 
was properly rejected and evidence received fully establishing his guilt as found. 

The sentence, approved by the department commander, is confirmed, and will 
be duly excuted at Oroquieta, ^Mindanao, on the fifteenth (15th) day of January, 
A. D. 1902, under the direction of the commanding general, Department of South 
Philippines. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division op the Philippines, 

Manila, P. L, December U, 1901. 

General Orders, No. 392. 

Before a military commission which convened at Camiling, Province of Tarlac, 
Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 239, Headquarters 
Department of Northern Luzon, Decembei 29, 1900, and of which Captain William 
L. Buck, 13th U. S. Infantry, was president, and 1st Lieutenant Alexander M. Weth- 
erill, 13th L". S. Infantry, was judge-advocate, were arraigned and tried: Ricardo 
Heyes, Patricio Mateo, Claudio Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego 
Dumaguing, natives. 

Charge I. — "Murder." 

Specification 1. — "In that Ricardo Reyes, Patricio Mateo, Claudio Mateo, Pablo 
Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on or 
about May 7, 1900, then as now a time of insurrection, at or near the barrio of Pao 
Primero, pueblo of Camiling, Province of Tarlac, a place, then as now, of active 
military operations, to the number of six (6) more or less, forming a band of armed 
outlaws, commanded and led by the said Ricardo Reyes and Patricio Mateo, did, wil- 
fully, feloniously, and with malice aforethought, kill and murder one Roman Daos, a 
native, by shooting him, the said Daos, with a rifle held in the hands of the herein- 
before-mentioned Claudio Mateo or other members of said band, inflicting wounds 
therewith whereof the said Daos then and there died." 

Specification 2. — "In that they, Ricardo Reyes, Patricio ,^Mateo, Claudio Mateo, 
Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on 
or about May 7, 1900, then as now a time of insurrection, at or near the barrio of Pao 
Primero, pueblo of Camiling, Province of Tarlac, P. I., a place, then as now, in the 
theater of active military operations, to the number of six (6) more or less, forming 
a band of armed outlaws, connnanded and led by said Ricardo Reyes and Patricio 
Mateo, did, wilfully, feloniously, and with malice aforethought, kill and murder one 
Eulalia Mangalaan, a native, wife of Roman Daos, a native, by bolos, held in the 
hands of members of said band, inflicting wounds therewith whereof she, the said 
Eulalia Mangalaan, then and there died." 

Charge II. — "Assault and battery, in violation of the laws and usages of war." 

Specification 1. — "In that they, Ricardo Reyes, Patricio Mateo, Claudio Mateo, 
Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on 
or about 3Iay 7, 1900, then as now a time of insurrection, at or near the barrio of 
Pao Primero, pueblo of Camiling, Province of Tarlac, P. I., a place, then as now, in 
the theater of active military operations, to the number of six (6), more or less, 
forming a band of armed outlaws, commanded and led by the said Ricardo Reyes 
and Patricio Mateo, did feloniously and wilfully assault one Roman Daos, a native; 



318 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

did bind him with a rope, did forcibly take him from his house; did lead, carry, and 
conduct him against his will to another part of the barrio, and did otherwise bruise, 
beat and ill-treat him, the said Roman Daos." 

Spedficatiun :J. — "In that they, Ricardo Reyes, Patricio Mateo, Claudio Mateo, 
Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on 
or about May 7, 1900, then as now a time of insurrection, at or near the barrio of 
Pao Primero, pueblo of Camiling, Province of Tarlac, P. I., a place, then as now, in 
the theater of active military operations, to the number of six (6), more or less, 
forming a band of armed outlaws, commanded and led by the said Ricardo Reyes 
and Patricio Mateo; did feloniously and willfully assault one Eulalia ^Nlangalaan, 
native, wife of one Roman Daos, a native; did bind her with a rope; did forcibly 
take her from the house; did lead, carry, or conduct her against her will to the barrio 
of Lingue, pueblo of Camiling, Province of Tarlac, P. I., and did otherwise bruise, 
wound and ill-treat the said Eulalia ^Nlangalaan." 

Specifications. — "In that they, Ricardo Reyes, Patricio Mateo, Claudio Mateo, 
Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, natives, and each of them, on 
or about May 7, 1900, then as now a time of insurrection, at or near the barrio of Pao 
Primero, pueblo of Camiling, Province of Tarlac, P. I., a place, then as now, in the 
theater of active military operations, to the number of six (6), more or less, forming 
a band of armed outlaws, commanded and led by the said Ricardo Reyes and Patri- 
cio Mateo; did feloniously and wilfulh- assault one Juan Daos, a native; did bind 
him with a rope; did forcibly take him from his house; did lead, carry, or conduct 
him against his will to the barrio of Bombon, pueblo of Camiling, Province of Tar- 
lac, P. L; did otherwise bruise, wound, and ill-treat him, the said Juan Daos, and 
did deprive him of his liberty for eight (8) hours, more or less." 

Pleas. — "Not guilty." 

Findings. — Richard Reyes, "not guilty." Patricio Mateo, Claudio Mateo, Pablo 
Mateo, Jacinto Lorenzo, and Diego Dumaguing, each and all of them : Of the first 
specification, first charge, "guilty." Of the second specification, first charge, 
"guilty." Of the first charge, "guilty." Of the first specification, second charge, 
"guilty." Of the second specification, second charge, "guilty, except the words 
'and did otherwise bruise, wound, and illtreat the said Eulalia Mangalaan;' of the 
excepted words, not guilty." Of the third specification, second charge, "guilty." 
Of the second charge, "guilty." 

Sentence. — And the commission does therefore "aquit" him, the said Ricardo 
Reyes, native; and does therefore sentence them, the said Patricio Mateo, Claudio 
Mateo, Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, each and all of them, 
natives, " to be hanged by the neck until dead, two-thirds of the commission con- 
curring therein, at such time and place as the reviewing authority may direct." 

In the foregoing case it appears that these accused, Patricio Mateo, Claudio Mateo, 
Pablo Mateo, Jacinto Lorenzo, and Diego Dumaguing, the first as leader and the 
others as members of an armed band of outlaws, to gratify a feeling of ill will, seized, 
bound, and carried away to an isolated spot from Camiling, Tarlac, one Roman Daos, 
where they shot him to death. Returning to the house of their victim, they then 
carried off his wife, Eulalia ^Mangalaan, whom they likewise killed. 

As no evidence connects the accused Ricardo Reyes with the commission of these 
crimes, he was properly acquitted and has been set at liberty. 

The sentence, approved by the department commander, is confirmed, and will 
be duly executed against Claudio Mateo, Pablo Mateo, and Jacinto Lorenzo, and 
each of them, at Camiling, Tarlac, Luzon, P. I., on the fifteenth (15th) day of Janu- 
ary, A. D. 1902, under;i.the direction of the commanding general, Department of 
Xorth Philippines. 

Concerning Patricio Mateo, this accused was tried by a military commission in 
December, 1900, found guilty of murder and sentenced to imprisonment for the 
term of twenty (20) years, which sentence he is now undergoing in the Presidio de 
^lanila. In view of which the sentence against him herein is remitted. 

The sentence against the accused Diego Dumaguing must be ineffective on account 
of his death at Camiling, August 31, 1901. 

Bv command of ^Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., December 16, 1901. 
General Orders, No. 396. 

Before a military commission, which convened at Iba, Zam bales, P. I., pursuant 
to paragraph 4, Special Orders, No. 148, Headquarters Department of Northern 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 319 

Luzon, September 23, 1900, and of which Major ArHngton Pond, surgeon, V. S. Vol- 
unteers, was president, and 2d Lieutenant Harol D. Coburn, 25th U. S. Infantry, 
was judge-advocate, was arraigned and tried Roberto Sangalang, a native. 

Charge. — " Murder." 

Specijication. — "In that one Roberto Sangalang, native, on or about the 10th day 
of April, 1900, then as now a time of insurrection, at or near the barrio of Balanl)ang, 
province of Zambales, Island of Luzon, P. I., a i)lace then as now under military 
government of the United States, in company of and consorting with a band of 
ladrones, armed with rities and bolos, did wilfully, feloniously, and with malice 
aforethought, kill and murder one Tito Balisalesa, native, by shooting him and cut- 
ting him, the said Tito Balisalesa, with said rifles and bolos held in the hands of 
members of said V)and of ladrones, inflicting wounds therewith whereof he, the said 
Tito Balisalesa, suffering and lingering, died the same dav, the 10th dav of April, 
1900. 

Plea.—" Xot guilty." 

Finding. — "Guilty. ' ' 

Sentence. — And the coumiission does therefore sentence him, Roberto Sangalang, 
native, "to be confined at hard labor, at such place * * * as the reviewing 
authority may direct, for a period of (20) twenty years." 

In the foregoing case it appears that this accused, Roberto Sangalang, was one of 
a band of armed outlaws that went to the house of Tito Balisalesa at Balan])ag, P. I., 
in the nighttime, and, after calling him out, shot and ])oloed him to death, on the 
suspicion that he was an American spy, and that the accused personally struck and 
cut the victim with his bolo. 

The charge and specification are fully proven against this accused, and his admis- 
sion of his presence with the attacking party is confirmatory of his guilt. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarteks Division of the Philippines, 

Manila, P. I., December 16, 1901. 
General Orders, No. 397. 

Before a military commission, which convened at Taal, Batangas Province, Luzon, 
P. I., pursuant to paragraph 3, Special Orders, No. 119, Headquarters Department 
of Southern Luzon, April 29, 1901, and of which Maj. Frank West, 6th Y. S. Cavalry, 
was president, and 1st Lieut. Le Roy Eltinge, 6th U. S. Cavalry, was judge-advocate, 
was arraigned and tried Roman Garcia, alias "^lalagui," a native. 

Charge L—" Murder." 

SpeciUcation. — "In that Roman Garcia, alias Malagui, native, while acting and 
consorting with a band of twelve outlaws, armed with a gun and several bolos, did 
willfully, feloniously, and with malice aforethought, kill and murder one Pablo 
Avellar, native, by shooting him with a gim held in the hands of the said Roman 
Garcia, alias ^lalagui, wounding him in the chest and both arms, from which 
wounds the said Pablo Avellar did then and there die. This in time of insurrection 
in or near the barrio of Pinalavan, of the pueblo of Lian, province of Batangas, P. I., 
on or al)out the 28th dav of April, 1901." 

Charge II.— " RobViery." 

Specijication.— "\\\ that Roman Garcia, alias Malagui, native, while acting and 
consorting with a band of 12 outlaws, armed with a gun and several bolos, did will- 
fully and forcibly take from the following persons, money and property, to wit: 

"Tereso ^lalinay: Mexican currency. 

One horse $65. 00 

Two saddles 6. 50 

Merchandise 6. 00 

"Meno Lama: 

Money 4. 50 

^lerchandise 3. 00 

" Hilarion Leparon : 

Merchandise 7. 00 

'Xasario Nueve: 

Merchandise 6. 00 



320 CHAKGES OF CRUELTY. ETC., TO FILIPIXOS. 

*' Mariano Monelo: Mexican currency. 

One horse and colt S30. 00 

Merchandise 7. 75 

"Obidio Avellar: 

One pony 30. 00 

Merchandise 4. 00 

''To the aforesaid vakies, more or less. This in time of insurrection, in or near 
the barrio of Pinalayan, of the pueblo of Lian, province of Batangas, P. I., a place 
under the militarv government of the United States, on or about the 28th dav of 
April, 1901." 

Plea.— "'Xot guilty." 

Fixdixct. — Of the specification, first charge, "guilty, except the words, 'by shoot- 
ing him with a gun held in the hands of the said Eoman CTarcia, alias Malagui; " sub- 
stituting therefor the words, 'by shooting him with a gun held in the hands of a 
native companion, name unknown, of the said Eoman Garcia, alias Malagui; " and of 
the excepted words, not guilty; but of the substituted words, guilty." Of the first 
charge, "guilty." Of the specification, second charge, "guilty." Of the second 
charge, "guilty." 

Sextexce. — And the commission does therefore sentence him, Roman Garcia, 
alias Malagui, native, '"To be confined at hard labor, at such place as the re^'iewing 
authority may direct, for the period of twenty (20) years." 

In the foregoing case, it appears that this accused, Roman Garcia, alias " Malagui,'' 
was a member of a band of armed outlaws that intercepted and attacked a party of 
natives passing from Balayan to Lian, in the Pilan woods; killed one of them, Pablo 
Avellar, by shooting him through the arms and chest with a rifle, and robbed the 
others of various properties and moneys, consisting of four horses and a colt, two 
saddles, thirty-four pesos and merchandise to the value of about thirty-five pesos. 

The charges and specifications are fully proven against this accused by six eye- 
witnesses of the crime, sur\-iving members of the party attacked. 

The sentence, approved by the dej^artment commander, is confirmed, his ^^.ew 
that the sentence is inadequate being concurred in. The sentence will be duly 
executed at the Presidio de Manila, to which place the prisoner will be sent under 
proper guard, 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquarters Divtsiox of the Philippixes, 

Manila, P. L, December 16, 1901. 
General Orders, Xo. 398. 

Before a military commission, which convened at Taal, province of Batangas, 
Luzon, P. I., pursuant to paragraph 3, Special Orders, Xo. 119, Headquarters Depart- 
ment of Southern Luzon, April 29, 1901, and of which Maj, Frank West, 6th U. S. 
Cavalry, was president, and 1st Lieut. Le Roy Eltinge, 6th U. S. Cavalry, was judge- 
advocate, was arraigned and tried Ruperto Incion, a native. 

Charge.— "Murder." 

Specification. — "In that Ruperto Incion, a native, consorting and actmg with Bias 
Incion, a native, and one other native, name unknown, did by concerted effort with 
the said Bias Incion, and one other native, name unknown, feloniously, willfully, 
deliberately and with malice aforethought, kill and murder Dionicio Games, a native, 
by aiding, permitting and abetting the cutting, wounding, an<I stabbing of the said 
Dionicio Games with deadly weapons known as bolos, held in the hands of the said 
Ruperto Incion, Bias Incion, and native, name unknown, from which wounds from 
the said bolos, produced by the joint action of the parties aforesaid, to wit, Ruperto 
Incion, Bias Incion, and native, name unknown, the said Dionicio Games, did then 
and there die. This at the barrio Dalig, pueblo of Balayan, then, as now, under the 
sovereign jurisdiction of the L^nited States; on or about the 1st day of Xovember, 
1901, then as now a time of insurrection against the supreme authoritv of the United 
States." 

Plea.— "Xot guilty." 

FixDiXG. — Of the specification, "guilty, except the words, 'with deadly weapons 
known as bolos, held in the hands of the said Ruperto Incion, Bias Incion, and native, 
name miknown, from which wounds from the said bolos, produced by the joint 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 321 

action of the parties aforesaid, to wit, Euperto Incion, Bias Incion, and the native, 
name unknown, the said Dionicio Games did then and there die;' substituting there- 
for the words ^ with a deadly weapon known as a bolo held in the hands of Bias 
Incion and a club held in the hands of Ruperto Incion from which wounds, from the 
said weapons, produced by the joint action of the parties aforesaid, to wit, Ruperto 
Incion and Bias Incion, the said Dionicio Games did die the following day;' and of 
the excepted words not guilty, but of the substituted words, guilty." Of the charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Ruj^erto Incion, 
native, "To be confined at hard labor, at such place as the reviewing authority may 
direct, for the period of twenty (20) years." 

In the foregoing case, it appears that this accused, Ruperto Incion, armed with a 
club, in company with his two brothers, armed with knives, repaired to the house 
of their brother-in-law, Dionicio Games, at barrio Dalig, Balayan, Batangas, P. I., 
and there became involved in a dispute over money due Games from the three 
brothers. During this dispute, this accused struck deceased on the head with a 
club, one of the brothers stabbed him through the breast and the other cut him on 
the wrist, from the effects of which injuries said Games died on the following day. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place this accused, Ruperto 
Incion, will be sent under proper guard. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, December 17, 1901. 
General Orders, No. 400. 

Before a military commission, which convened at Vigan, South Ilocos, P. I., pur- 
suant to paragraph 5, Special Orders, No. 269, Headquarters Department of Northern 
Luzon, October 18, 1901, and of which Major Edgar Z. Steever, 3d U. S. Cavalry, 
was president, and 1st Lieutenant Ralph E. Ingram, 5th U. S. Infantry, was judge- 
advocate, were arraigned and tried: Simplicio Molina and Dionicio Tabay, natives. 

Charge. — ' ' Murder. ' ' 

Sjx'cipcation. — "In that Simplicio Molina and Dionicio Tabay, natives, while in 
company of and consorting with a band of armed outlaws, names and numbers 
unknown, did wilfully, feloniously, and with malice aforethought, kill and murder 
one Teodorico Gallardo, native, by cutting or stabbing the same with a dagger or 
other sharp instrument held in the hands of Simplicio Molina, member of said band, 
from which cutting and wounding the said Teodorico Gallardo did there and then 
die. This in the month of January, 1901, in a time of insurrection, in a place occu- 
pied by the military forces of the United States, to wit, near the barrio of Paras, in 
the jurisdiction of Santo Domingo, Province of Ilocos Sur." 

Pleas.— "Not guilty." 

Findings. — "Guilty." 

Sentence. ^ — ^And the commission does therefore sentence them, Simplicio Molina 
and Dionicio Tabay, each and both of them, "To be hung by the neck until dead, 
at such time and place as the reviewing authority may designate, two-thirds of the 
members of the commission dbncurring therein." In the foregoing case it appears 
that these two accused, Simplicio Molina and Dionicio Tabay, at or near Santo 
Domingo, Ilocos Sur, in January, 1901, seized one Teodorico Gallardo, suspected of 
being an American spy, and while one held the victim the other stabbed him to 
death with a dagger. 

The crime, as charged, is convincingly proven against these accused, and they 
make no denial of their active participation in the same as alleged. 

The sentence, approved ])y the department commander, is confirmed, and will be 
duly executed against these accused, Simplicio INIolina and Dionicio Tabay, at Ban- 
tay, Ilocos Sur, Luzon, P. L, on the twenty-second (22d) day of January, A. D. 
1902, under the direction of the commanding general, Department of North 
Philippines. 

B}^ command of Major-General Chaffee: W. P. IL\ll, 

A ssistant Adjutant- General. 

S. Doc. 205, pt 2 21 



322 , CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, P. I., December 17, 1901. 
General Orders, No. 401, 

Before a military commission, which convened at Taal, Province of Batangas, P. I., 
pursuant to paragraph 3, Special Orders, Xo. 119, Headquarters Department of 
Southern Luzon, April 29, 1901, and of which Major Frank West, 6th U. S. Cavalry, 
was president, and 1st Lieutenant Le Eoy Eltinge, 6th U. S. Cavalry, was judge- 
advocate, was arraigned and tried Jose Barcelon, a native. 

Charge I. — "Mutilating corpses, in violation of the laws of war" (1 specification). 

Charge II. — "Kidnapping." 

Specification 1. — "In that Jose Barcelon, native, in company of and consorting with 
a band of armed outlaws, number and names unknown, did forcibly seize and carry 
away, against his will and consent, one Hilarion Limjoco, native. This in time of 
insurrection, at or near the pueblo of Lian, Batangas Province, P. I., a place under 
the militarv government of the L^nited States, on or about the 15th dav of October, 
1900." 

Specification 2. — "In that Jose Barcelon, native, in company of and consorting with 
a band of armed outlaws, number and names miknown, did forcibly seize and carry 
away, against her will and consent, one Severina Villacrucis, native woman. This 
in time of insurrection, at or near the barrio of Xatipuan, near the pueblo of Nasugbu, 
Batangas Province, P. I., a place under the military government of the United States, 
on or about the 9th day of February, 1901." 

Specification 3. — "In that Jose Barcelon, native, in company of and consorting with 
a band of armed outlaws, number and names unknown, did forcibly seize and carry 
away Hilario Esquerrez and Licenando Lamante, natives. This in time of insurrec- 
tion, at or near Natipuan, District of Xasugbu, Batangas Province, P. I., a place under 
the militarv government of the L'nited States, on or about the 4th dav of Februarv, 
1901." 

Charge III. — "Robberv" (3 specifications). 

Plea.— "Xot guilty." 

Finding. — Of the first charge and its specification, "not guilty;" of the first speci- 
fication, second charge, "guilty; " of the second specification, second charge, "guilty;" 
of the third specification, second charge, "guilty;" of the second charge, "guilty;' 'of 
the third charge and its specifications, "not guilty." 

Sentence. — And the commission does therefore sentence him, Jose Barcelon, native, 
"to be confined at hard labor, at such place as the reviewing authority may direct, 
for the period of twenty (20) years. 

In the foregoing case it appears that this accused, Jose Barcelon, a native, with a 
band of armed outlaws, of which he was captain, seized, carried away against their 
consent, and restrained of their liberties Hilarion Limjoco, Severina Villacrucis, a 
woman, Hilario Esquerrez and Licenando Lamante — the three last never ha\dng 
since returned to their homes, their fate remaining unexplained. 

Of the first charge and its specification accused was properly acquitted, no e\ddence 
of the commission of these offenses appearing of record; and as to the third charge 
and its specifications, there is not sufficient evidence to connect accused with the 
crimes. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at the Presidio de Manila, to which place this accused, Jose Barcelon, 
will be sent under proper guard. 

By Command of Major-General Chaffee: 

W. P. Hall. 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., December 17, 1901. 
General Orders, No. 402. 

Before a military commission, which convened at Nueva Caceres, Province of 
Camarines Sur, Luzon, P. I., pursuant to paragraph 2, Special Orders, Xo. 166, 
Headquarters Department of Southern Luzon, June 15, 1901, and of which Major 
Arthur AVilliams, 26th L^. S. Infantry, was president, and Captain James A. Lynch, 
28th U. S. Infantry, was judge-advocate, were arraigned and tried: Jose Santa 
Maria, Albert de los Santos, Donato Briones, Carlos Quinones, and Fulgencio de la 
Cruz, natives. 

Charge I. — "Kidnapping." 

Specification. — "In that Jose Santa Maria, Alberto de los Santos, Donato Briones, 
Carlos Quinones; and Fulgencio de la Cruz, natives, in company with other natives, 
number and names unknown, did seize and carry aw^ay the persons of Pedro San 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 823 

Vicente, Enphemia Tortones, Euduviges Guerrera, Yalerio Guerrera, Maximo Gon- 
zales, Mariano Cabaltea, Alejandro (surname unknown), and Aquilina (surname 
unknown), against their wills and consent. This on or about the 7th of April, 1900, 
then as now a time of insurrection, at or near the barrio of Cabusao, jurisdiction of 
Libmanan, Camarines Sur, Luzon, P. L, a place then, as now, under the military- 
authority of the United States." 

Charge II. — "Assault with intent to kill." 

Specification. — "In that Jose Santa Maria, Alberto de los Santos, Donato Briones, 
Carlos Quinones, and Fulgencio de la Cruz, natives, in company with other natives, 
names and number unknown, armed with swords, bolos, and clubs, did make a 
violent assault upon the persons of Euphemia Tortones, Maria Guerrera, and Maximo 
Gonzales, by striking them with bolos or clubs, or with both, held in the hands of 
said natives, inflicting serious wounds upon the persons of Euphemia Tortones, Maria 
Guerrera, and ]Maximo Gonzales, with the intent then and there, feloniously, wil- 
fully, and with malice aforethought, to kill and murder the said Euphemia Tortones, 
Maria Guerrera, and Maximo Gonzales. This on or about the 7th of April, 1900, 
then as now a time of insurrection, at or near the barrio of Cabusao, jurisdiction of 
Libmanan, Camarines Sur, Luzon, P. I., a place, then as now, under the military 
authority of the United States." 

Charge III.— "Murder." 

Specification. — "In that Jose Santa Maria, Alberto de los Santos, Donato Briones, 
Carlos Quinones, and Fulgencio de la Cruz, natives, in company with other natives, 
number and names unknown, armed with swords, bolos, and clubs, did wilfully, 
feloniously, and with malice aforethought, kill and murder Pedro San Vicente, 
Euduviges Guerrera, Valerio Guerrera, Mariano Cabaltea, Alejandro (surname 
unknowm), and Aquilina (surname unknown), by striking them with bolos or clubs, 
or w"ith both, inflicting wounds from which they then and there, or shortly after- 
wards, died. This on or about the 7th of April, 1900, then as now a time of insur- 
rection, at or near the barrio of Cabusao, jurisdiction of Libmanan, Camarines Sur, 
Luzon, P. I., a place, then as now, under the militarv authority of the United 
States." 

Pleas.— "Not guilty." 

Findings. — Jose Santa Maria, Donato Briones, and Fulgencio de la Cruz, "guilty." 
Alberto delos Santos and Carlos Quinones, of the specification, first charge, "guilty;" 
of the first charge, "guilty;" of the specification, second charge, "not guilty;" of 
the second charge, "not guilty;" of the specification, third charge, "not guilty;" 
of the third charge, "not guilty." 

Sentence. — And the commission does therefore sentence Jose Santa Maria, Donato 
Briones, and Fulgencio de la Cruz, each and every one of them, "to be hanged by 
the neck until dead, at such time and place as the reviewing authority may direct, 
two-thirds of the commission concurring." 

And Alberto de los Santos and Carlos Quinones, each and every one of them, "To 
be confined at hard labor, at such place as the reviewing authority may direct, for 
ten (10) years." 

In the foregoing case, it appears that these five accused, Jose Santa Maria, Alberto 
de los Santos, Donato Briones, Carlos Quinones and Fulgencio de la Cruz, and other 
armed outlaws and participators in its crimes, seized, bound, and carried away from 
the barrio of Cabusao, Camarines Sur, five native men and four w^omen, tw^o of "whom 
w^ere mere children. Conveying them to isolated spots, these accused, Jose Santa 
Maria, Donato Ariones and Fulgencio de la Cruz, viciously assaulted them with bolos 
and clubs and with intent to kill, and did, in fact, kill Pedro Vicente, Euduviges 
Guerrera (a girl), Valerio Guerrera, Cabaltea, a man named Alejandro and a woman 
Aquilina, while the woman and girl, Euphemia Tortones and Maria Guerrera, were 
grievously wounded and left for dead where they fell. No other motive for this 
barbarous crime, other than that of attempted intimidation of the community and 
enforced recognition of the authority of these accused as so-called insurgents and 
"Defenders of their country " appears of record. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed against accused Jose Santa Maria and Donato Briones at Nueva 
Caceres, Camarines Sur, Luzon, P. I., on the twenty-second (22d) day of January, 
A. D. 1902, under the direction of the Commanding General, Department of N^orth 
Philippines. 

The sentences against accused, Alberto de los Santos and Carlos Quinones, have 
been carried into effect by the department commander. 

The sentence against the accused, Fulgencio de la Cruz, must be ineffective on 
account of his death on August 24, 1901. 

By Command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



324 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, P. L, December 19, 1901. 
General Orders, No. 406. 

Before a military commission, which convened at Calamba, Laguna, P. I., pur- 
suant to paragraph 7, Special Orders, No. 282, Headquarters Department of Southern 
Luzon, October 9, 1901, and of which Major Daniel Cornman, 21st U. S. Infantry, was 
president, and Second Lieutenant Ciena rd McLaughlin, 21st U. S. Infantry, w^as 
judge-advocate, was arraigned and tried Gabino Cansanay, a native. 

Charge. — "Murder, in violation of the laws of war." 

Specijication. — "In that Gabino Cansanay, a native Filipino, did, on or about Decem- 
ber 17, 1900, near the barrio of Gulod, pueblo of Calamba, province of Laguna, Luzon, 
P. L, in company of and consorting with a band of outlaws, names and numbers 
unknown, in time of insurrection against the United States, and in territory occupied 
by United States troops, willfully, feloniously, and with malice aforethought, kill and 
murder Pedro de la Pena, a peaceable native of Calamba, Laguna Province, P. L, by 
binding his arms and placing him in a grave about four feet deep, and burying him, 
while the said Pedro de la Pena was still alive, from the effects of w^hich the said 
Pedro de la Pena then and there died." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Gabino Cansanay, a 
native, "To be hanged by the neck until dead, at su^h time and place as the review- 
ing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Gabino Cansanay, it is alleged that he, with others, at or 
near the barrio of Gulod, Calamba, P. I., murdered one Pedro de la Pena by binding 
his arms, placing him in a grave and burying him while he was still alive. The 
evidence offered in support of this charge is entirely unsatisfactory, contradictory, 
and unconvincing, given by one native conveniently and accidentally a distant spec- 
tator of the alleged deed, and another a confessed participant. Each of these 
repeatedly contradicts himself and the other on the most material points, and their 
respective statements, in no single instance agreeing in detail, are highly improbable. 
A motive is also shown for ex insurgents of that district to persecute accused from 
his having aliandoned them and sought the protection of American lines. The 
accused, on the other hand, produces evidence that at or alDout the time of the 
;alleged crime he was harvesting in the fields at Biilan, while the testimony of the 
United States medical officer who disinterred certain remains, pointed out by a wit- 
ness for the prosecution as those of deceased, shows that no evidence of a rope or 
cord with which he could have been bound was found, but, on the contrary, there 
was in the grave pieces of a mat of the character usually employed by Filipinos for 
wrapping up their dead on interment. 

The accused is entitled to the benefit of every reasonable doubt springing logically 
from the evidence. 

The sentence is disapproved, and the accused, Gabino Cansanay, will be released 
from custody. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I. , December 20, 1901. 
General Orders, No. 408. 

Before a military commission, which convened at Lucena, Tayabas, Luzon, P. I., 
pursuant to paragraph 5, Special Orders, No. 210, Headquarters Department of South- 
ern Luzon, July 29, 1901, and of which Captain Harry H. Bandholtz, 2d U. S. 
Infantry, was president, and First Lieutenant George C. Martin, 2d U. S. Infantry, was 
judge-advocate, were arraigned and tried Prudencio Lacuesta and Evartisto Lacuesta, 
natives. 

Charge. — " Murder. ' ' 

Spec ificati oil. — "In that Prudencio Lacuesta and Evartisto Lacuesta (natives), in 
companv Avith other armed outlaws, did enter the house of Tomas Ragudo (native), 
in the barrio of Bocal, pueblo of Tayabas, P. I., and did torture the said Tomas 
Ragudo with extreme cruelty, by burning him about the legs, from the effects of 
which, after lingering and suffering for five days, the said Tomas Ragudo died.^ 
This in time of insurrection, at the above specified place, on or about the 8th day of 
February, 1901, a place then as now under the military authority of the United 
States, and in territory occupied by Ignited States troops." 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 325 

Pleas.—" Not guilty. " _ 

Finding. — Of the specification, "guilty, except the words 'from the effects of 
which, after lingering and suffering for five days, the said Tomas Ragudo died,' and 
of the excepted words, not guilty." Of the charge, "not guilty, but guilty of viola- 
tion of the laws of war." 

Sentence. — And the commission does therefore sentence them, Prudencio Lacuesta 
and Evartisto Lacuesta, natives, "To be hanged by the neck until dead, at such time 
and place as the reviewing authority may direct, two-thirds of the commission 
agreeing. ' ' 

In the foregoing case it appears that these accused, Prudencio Lacuesta and Evar- 
tisto Lacuesta, with other armed outlaws, entered the house of an aged native, Tomas 
Ragudo, at Tayabas, from whom they demanded money. Xot receiving sufiicient to 
satisfy them, they bound the arms of Ragudo behind his back, tied him up to a rafter, 
wrapped about his legs rags saturated with oil and set fire to the same, in an effort to 
extort from their victim a confession of hidden moneys. Although it seems to have 
been generally assumed by the prosecution, the defense, and the commission that 
Ragudo died from the effects of this treatment, as charged in the specification, no 
particle of evidence to this effect appears of record, and this reprehensible careless- 
ness of the commission compelled the department commander to return the proceed- 
ings for reconsideration of a finding totally unsupported by the evidence. 

The finding of guilty of murder was accordingly revoked and one of guilty of the 
laws of war, fortunately permissible and adequate for the doing of justice, was 
substituted. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the term of twenty years, and as thus com- 
muted will be duly executed at the Presidio de Manila, to which the prisoners will 
be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines. 

Manila, P. J., December £0, 1901. 
General Orders, No. 409. 

Before a military commission, which convened at Vigan, Ilocos Sur, Luzon, P. I., 
pursuant to paragraph 5, Special Orders, No. 269, Headquarters Department of 
Northern Luzon, October IS, 1901, and of which Major Edgar Z. Steever, 3d U. S. 
Cavalry, was president, and 1st Lieutenant Ralph E, Ingram, 5th U. S. Infantry, 
was judge-advocate, was arraigned and tried: 

I. — Estanislao Silvana, a native. 

Charge.— "Murder." 

Specification.— ''In that Estanislao Silvafia, native, resident of the barrio of Turod, 
pueblo of Cabugao, Ilocos Sur, P. I. , on or about the 23d day of December, 1900, 
then as now a time of insurrection, at or near the barrio of Turod, pueblo of Cabu- 
gao, Ilocos Sur, P. L, a place then, as now, in the theater of active miUtary opera- 
tions, in company of and with other natives, namely, Emiterio Sonido, Juan 
Sudayon and Cosme Sopapo, did willfully, feloniously and with malice aforethought 
kill and murder Liverato Arcebal, a native in the employ of the L^nited States, by 
garroting him, the said Arcebal, native, whereof the said Arcebal then and there 
died." 

Plea.— "Not guilt V." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Estanislao Silvana, 
a native Filipino, " To be hung by the neck until dead, at such time and place as 
the reviewing authority may designate, two-thirds of the members of the commis- 
sion concurring therein." 

II. — Juan Sudayon, a native. 

Charge. — " Murder." 

Specification. — (Same as above.) 

Plea. — To the specification, " guilty of the facts as stated, but admits no intent, 
stating that he was ordered to do the same by whom he considered higher author- 
ity." To the charge, "notguiltv." 

Finding.— " Guilty." 

Sentence. — And the commission does therefore sentence him, Juan Sudayon, 
native, "To be hanged by the neck until dead, at such time and place as the 



326 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

reviewing authorit}' may designate, two-thirds of the members of the commission 
concurring therein." 

In the foregoing cases, it appears that these accused, Estanislao Silvaha and Juan 
Sudayon, consorting witli other outlaws, forcibly seized, conveyed to an isolated 
spot and there garroted one Liverato Arcebal, an employee of the Ignited States, by 
first binding him to a tree, wrapping about his throat a pliable piece of green bam- 
boo, and pulling the ends thereof until the victim was choked to death. 

It appears that the accused each personally manipulated one end of this bamboo 
and participated in the capture and sequestration of the victim. 

These accused set up the customary defense of duress, arising through fear of dis- 
obedience of the orders of their chief, to kill. But there is no evidence to negative 
the fact of their willingly banding themselves with their outlaw chief and murder- 
ous associates; nor can it be taken as a fact that they would have suffered death as 
the penalty of their disobedience. 

All who band themselves together for the purpose of murder must expect the 
penalty the law affixes to that crime. The duty of all men to refuse association with 
murderous societies and bands is plain; and the severest penalties of the law must 
follow all who prefer to do murder with bandits to individual liberty of action as 
honest and law-abiding men. 

The sentences, apj^roved by the Department Commander, are confirmed, but are 
each commuted to imprisonment at hard labor for the term of thirty years, and as 
thus commuted will be duly executed at the Presidio de Manila, to which these 
prisoners will be sent under proper guard. 

Bv command of Major General Chaffee: 

^y. p. Hall, 
Assistant A djutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., December £6, 1901. 
General Orders, No. 414. 

Before a military commission, which convened at Nueva Caceres, Camarines Sur 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 166, Headquarters Depart- 
ment of Southern Luzon, June 15, 1901, and of which Major Arthur Williams, 26th 
V. S. Infantry, was president, and Captain James A. Lynch, 28th U. S. Infantry, was 
judge-advocate, was arraigned and tried IModesto de la Cruz, native. 

Charge I. — "Kidnaping." 

Specification. — "In that Modesto de la Cruz, native, in company with other natives, 
names unknown, to the number of twenty, more or less, armed with bolos and clubs, 
of which party of natives the said JNIodesto de la Cruz was leader, did seize, bind, 
and carry away against their wills and consent, Jose Alicorcor, Prudencio Alicorcor, 
Felipa Alicorcor, Severina Alicorcor, and Siriaco Alicorcor. This about the month 
of Octol)er, 1900, then as now a time of insurrection, at or near the pueblo of Cama- 
ligan, Camarines Sur, Luzon, P. I., a place then as now under the militarv authority 
of the United States." 

Charge II.— "Murder." 

Specification. — "In that Modesto de la Cruz, native, in company with other natives, 
names unknown, to the number of twenty, more or less, armed with bolos and 
clubs, of which party of natives the said IModesto de la Cruz was the leader, did kill 
and murder Cipriana INIendoza by striking her with a sharp instrument held in the 
hands of said natives, and by throwing her body into the Bicol River, where it was 
found, life being extinct. This about the month of October. 1900, then as now a 
time of insurrection, at or near the pueblo of Camaligan, Camarines Sur, Luzon, P. L, 
a place then as now under the militarv authoritv of the United States." 

Plea.— "Not guilty." 

Findings. — Of the specification, first charge, "Guilty." Of the first charge, 
"Guilty." Of the specification, second charge, "Guilty, except the word 'natives,' 
after the words 'held in the hands of said,' substituting therefor the words 'Modesto 
de la Cruz,' and inserting the words 'a branch of before the words the 'Bicol River;' 
of the excepted word not guilty, and of the substituted and inserted words guilty." 
Of the second charge, "Guilty." 

Sentence. — And the commission does, therefor, sentence him, Modesto de la 
Cruz, native, "To be hanged by the neck until dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members of the commission con- 
curring therein." 

In the foregoing case it appears that this accused, Modesto de la Cmz, accompanied 
by a band of armed outlaws, of which he was chief, forcibly seized and carried away 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 327 

from their homes into captivity Jose Alicorcor, Prudenrio Alicorcor, Felipa Ahcor- 
cor, Severina Alicorcor, and Siriaco Ahcorcor, and, incidentally, that this accused 
maliciously, with his own hand, killed, by stabbing with a dagger through the breast, 
Cipriana iNIendoza, wife of Jose Alicorcor, because of her screaming and making a- 
noise during the kidnaping of her husband and family, as above stated. 

No reasonable doubt as to the guilt of this accused arises from the record. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed against this accused, Modesto de la Cruz, at Nueva Caceres, Camarines 
Sur, Luzon, P. I., on the 5th day of February, A. D. 1902, under the direction of the 
commanding general. Department of North Philippines. 

Bv command of Major General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., December 26, 1901. 
General Orders, No. 415. 

Before a military commission, which convened at Palanoc, island of Masbate, P. 
I., pursuant to paragraph 5, Special Orders, No. 11, Headquarters Department of 
Southern Luzon, January 11, 1901, and of which Capt. Abner Pickering, 2d L^. S. 
Infantry, was president, and Capt. Peter E. Marquart, 2d U. S. Infantry, was judge- 
advocate, were arraigned and tried Pedro Bandol and Tomas Vargas, natives. 

Charge. — "Murder." 

Specification. — "Inthatthey, Pedro Bandol and Tomas Vargas, with others unknown, 
did take from his house one Chinaman, name unknown, and after partially burying 
him in the ground, did attack him with knives and bolos held in the hands of the said 
Pedro Bandol and Tomas Vargas, and others unknown, and did inflict on said China- 
man, name unknown, wounds of which the said Chinaman, name unknown, then 
and there died. This near the town of L^son, island of Masbate, P. L, in the month 
of December, 1900, in the time of insurrection, the place then as now being under the 
military control of the United States." 

Pleas. — "Not guilty." 

Finding. — Of the specification, "guilty, except the words 'name unknown' follow- 
ing the word 'Chinaman' (in three different places), substituting therefor the words 
' Enriquez Armeda' in each case; of the excepted words, not guilty; of the substituted 
words, guilty." 

Sentence. — And the commission does therefore sentence him, Pedro Bandol, native, 
"to be hanged by the neck until he is dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring therein," 

And the commission does therefore sentence him, Tomas Vargas, native, "to be 
confined at hard labor, at such place as the reviewing authority may direct, for the 
period of his natural life." 

In the foregoing case it appears that these accused, Pedro Bandol and Tomas Var- 
gas, with other armed outlaws, took from his house near Masbate, P. I., in the 
month of December, 1900, a Chinaman, Enriquez Armeda, bound his arms, conveyed 
him to the beach, there buried him to his neck in the sand and cut his throat, from 
the effects of which he died. The only disclosed motive was suspicion against the 
victim for alleged friendliness to the Americans. 

A grave error in the proceedings is noted in the relief of one member and the sub- 
stitution of another at the close of the trial after all the evidence for the prosecution 
was in and the only further evidence heard was that of the two accused and two of 
their witnesses, the latter to facts of slight materiality. 

In time of war the exigencies of the service render it impracticable to avoid reliev- 
ing members of military tribunals from their duties as such during the course of a 
trial, but so long as there remains a legal quorum it is ])elieved a new member or one 
who has been absent should not be permitted to take his seat in a case where any 
oral evidence had in his absence been received. Such a rule would end the ever- 
recurring comment occasioned by irregularities growing out of the present practice 
of permitting members absent from prior sessions to take their seats during the 
pendency of a trial. 

In any case under the prevailing practice, where evidence has been received, it is 
enjoined that the same be read over to the new member, but it does not appear that 
even this most reasonable qualification of the rule was observed in this case. 

It remains to be noted that there was no urgent reason under the summary pro- 
ceedings of a military commii^sion why the new member should have been permitted 



328 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

to take part in this trial. Two members were present, but even one may proceed to 
a tinal determination. While such a contingency should, if practicable, be avoided, 
it is more consonant with reason for one member to hear and determine a cause than 
for a new member to come in at the last moment with the possible contingency of 
his vote deciding the issue. Granted that one member may be expert in the law 
martial, and it logically follows that it is as fitting to confide to him the issues of life 
and death as it is to confide, as is customary among most of civilized nations, like 
issues in time of peace to one judge learned in the civil law. But while it may not 
be assumed that all officers of the Army are as carefully trained in the law martial as 
civil judges are trained for the exercise of their large powers, still it remains to be 
noted that the recorded proceedings of military tribunals are, except in extreme cases 
of urgent necessity, submitted to men learned in the law before the sentences they 
impose may be carried into execution. 

The law of necessity, more or less urgent and alwaj^s present in a time of war, reen- 
forces the reason why one member of a war tribunal when left alone in the course of 
a trial by the exigencies of the service, as in this instance when and where war was 
flagrant, should carry to a final determination the issue pending before him. 

Subject to the foregoing remarks, the proceedings are approved. The evidence leav- 
ing no reasonable doubt of the guilt of these accused, the sentences against them, 
herein approved by the department commander, are confirmed, and in the case of 
Tomas Vargas the sentence will be duly executed. The sentence against Pedro Bandol 
is commuted to imprisonment at hard labor for life, and as thus commuted will be 
duly executed. The Presidio de Manila is designated as the place of confinement, to 
w^hich these prisoners will be sent under proper guard. 

By command of Major-General Chaffee: 

W.P.Hall, 
Assistant Adjutant- General. 



Headquaetees Division of the Philippines, 

Manila, P. I., December ^6, 1901. 
General Orders, Xo. 416. 

Before a military commission, which convened at Iloilo, Panay, P. I., pursuant to 
paragraph 3, Special Orders, No. 70, Headquarters Department of the Visayas, March 
16, 1901, and of which Lieutenant-Colonel Charles J. Crane, 38th Infantry, U. S. 
Volunteers, was president, and Captain Edwin F. Glenn, 25th U. S. Infantry, was 
judge-advocate, was arraigned and tried: Ciro Deocampo, a native. 

Chaege. — " Murder." 

Specification. — "In that on or about the 19th day of August, A. D. 1900, then as 
now a time of insurrection, at or near the barrio of Lacruz, pueblo of Barotac Nuevo, 
Island of Panay, P. I., a place, then as now, a part of the territory and under the 
military government of the United States, one Ciro Deocampo, a native, consorting 
with divers other persons, names and numbers unknown, did feloniously and wil- 
fully, with malice aforethought, murder and kill one Espiridion Fuentes, a native, 
at the time sergeant of police of the said pueblo of Barotac Nuevo, by then and there 
cutting and striking the said Espiridion Fuentes with a sharp instrument commonly 
called a bolo, held in the hands of the said Ciro Deocampo and his confederates, 
then and there, in the manner aforesaid inflicting wounds upon the head and body 
of the said Espiridion Fuentes, and from the effects of which said wounds so inflicted 
as aforesaid the said Espiridion Fuentes then and there died." 

Additional Chaege. — "Murder." 

Specification. — "In that on or about the 13th day of August, A. D. 1900, then as 
now a time of insurrection, at or near the pueblo of Barotac Nuevo, Island of Panay, 
P. L, a place, then as now, a part of the territory under the military government of 
the United States, one Ciro Deocampo, a native, consorting with three or more other 
persons, names unknown, did feloniously and wilfully, and with malice aforethought, 
murder and kill one Narcisio Siautong, a native, by then and there cutting and 
striking the said Narcisio Siautong with a sharp instrument, commonly called a bolo, 
held in the hands of the said Ciro Deocampo and his confederates, then and there in 
the manner aforesaid inflicting one or more wounds on the neck and body of the 
said Narcisio Siautong, from the effects of which said wounds, so inflicted as afore- 
said, the said Narcisio Siautong then and there died." 

Pleas. — To the charge and its specification, "guilty." To the additional charge 
and its specification, "not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Ciro Deocampo, 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 329 

native, "To be hanged by the neck till dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring in the death sentence." 

In the foregoing case it appears that this accused, Giro Deocampo, consorting with 
other armed outlaws, about August 19, 1900, near the barrio of Lacruz, Barotac 
Nuevo, Panay, enticed one Espiridion Fuentes, a sergeant of police, into a house and 
there boloed him to death. Again, about August 13, 1900, in the pueblo of Barotac 
Nnevo, he, with armed companions, entered the house of Narcisio Siautong and killed 
him by t reacherously striking him from behind, almost severing the head of his 
victim from his body. 

The accused pleaded guilty to the first charge and specification, and ample evidence 
was received on the merits confirmatory of this plea, and upon the w^hole case no 
reasonable doubt as to the guilt of this accused as charged arises from the record. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Iloilo, Panay, P. I., on the 5th day of February, A. D. 1902, under 
the direction of the Commanding General, Department of South Philippines. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, December 26, 1901. 
General Orders, No. 417. 

Before a military commission, which convened at Manila, Luzon P. I., pursuant to 
paragraph 5, Special Orders, No. 269, Headquarters Department of Southern Luzon, 
September 26, 1901, and of which Major George S. Anderson, 6th U. S. Cavalry, was 
president, and 1st Lieutenant Frederick E. Johnston, Artillery Corps, U. S. A., was 
judge-advocate, w^as arraigned and tried, Gregorio Jocson, native. 

Charge. — ' ' Murder. ' ' 

Specification 1. — "In that he, Gregorio Jocson, did, with and by the assistance of 
other natives, seize and bind the persons of three natives, names unknown, and did 
with felonious and malicious intent, after having so bound them, direct and cause 
the burying of these three natives while still alive, so that they then and there died. 
This in time of insurrection at or near the barrio of Labac, pueblo of Naic, Province 
of Cavite, P. I. , a place under the military government of the United States, on or 
about the 10th day of April, 1900." 

Specification 2. — "In that he, Gregorio Jocson, did, with and by the assistance of 
other natives, seize and bind the persons of three natives, names unknowm, and did 
with felonious and malicious intent, after having so bound them, direct and cause 
the assault of these three natives with a deadly w^eapon, so that they then and there 
died. This in time of insurrection at or near the barrio of Labac, pueblo of Naic, 
Province of Cavite, P. I. , a place under the military government of the United States, 
on or about the 10th day of April, 1900." 

Additional Charge. — ' ' Murder. ' ' 

Specification. — "In that he, Gregorio Jocson, did, in company with other natives, 
names unknown, enter the town of Looc, Province of Batangas, P. I., and in com- 
pany with other natives, names unknown, did, with felonious and malicious intent, 
kill, by shooting with rifles held in the hands of said Gregorio Jocson and other said 
natives, names unknown, one Talesfaro Magsumbul, presidente of the town of Looc, 
Batangas Province, P. I., so that he then and there died. This, at or near the town 
of Looc, Province of Batangas, P. I., a place, then as now, of insurrection against 
the lawful authority of the United States, on or about the 7th dav of November, 
1900." 

Plea.— "Not guilty." 

Finding. — Of the first specification, "not guilty;" of the second specification, 
"not guilty;" of the charge, "not guilty; of the specification, additional charge, 
"guilty; of the additional charge, "guilty." 

Sentence. — x'^.nd the commission does therefore sentence him, Gregorio Jocson, 
"To be hanged by the neck until he be dead at such time and place as may be desig- 
nated by the proper authority, two-thirds of the members of the commission con- 
curring herein." 

In the foregoing case it appears that the accused, Gregorio Jocson, a captain of an 
insurgent company, entered the town of Looc, with twenty-four of his men, en route 
to Putungan. At this time the town of Looc and all of that section was occupied by 
the so-called insurgent government under the direction of the local presidentes and 
insurgent officials, civil and military. Talesfaro Magsumbul, deceased, was an insur- 



330 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

gent major and military commander there. To him accused apphed for permission 
to enter his jurisdiction with his soldiers for the above purpose mentioned, which was 
granted. Arriving in a barrio of Looc, accused met deceased, and in the latter's 
house, in company with other insurgent officers, engaged in friendly conversation, 
until interrupted by noises of a disturbance outside, whereupon deceased and accused 
rushed out to ascertain the cause. Deceased saw a native, Julian Ramos, take a gun 
from one of the soldiers, ordered him to restore it, and upon the order not being com- 
plied with rushed upon Ramos with a drawn bolo. Another native, Isayas Tagle, 
then shot deceased, who fell, and was again shot by Julian Ramos. This accused 
then instituted an investigation of the killing before the local presidente. Deposi- 
tions setting forth the above facts were formally drawn up and their truth certified 
to by the local officials, including all of the witnesses for the prosecution, on the 
charge of which accused is herein found guilty. 

The relations between accused and deceased are shown to have been friendly, and 
at the time of the killing they were apparently engaged in the common purpose of 
suppressing a disturbance among the soldiers of the deceased, the native inhabitants, 
and, possibly, some of the soldiers of accused. 

The immediate occasion of the killing was the result of the deceased personally 
attacking one of his slayers with a bolo to enforce the return of a gun to one of the 
soldiers of deceased. 

There is no evidence that any of the soldiers of accused jDarticipated in the killing, 
and certainly none that accused did so. 

But aside from the merits of the case, which in fairness to the accused have been 
set forth, the trial had upon the additional charge can not be approved. The offense 
charged was committed within the lines and pi-actically within the camp, for the 
time being, of the insurgent forces, and directly affected their methods of discipline. 
All the parties involved were insurgents, the deceased at the time holding the high- 
est military rank. The laws of war do not contemplate, nor could they wisely 
assume to regulate the discipline of the armed forces of the opposing belligerent. 

The proceedings, so far as they relate to the additional charge, are, in the light 
afforded by the evidence, disapproved. The sentence is disapproved, and the accused 
will be set at liberty. 

Bv command of Major-General Chaffee : 

W. P. Hall, 
Assistant A djuiant- General. 



Headquarters Division of the Philippines, 

Manila, P. /., December 26, 1901. 
General Orders, Xo. 418. 

Before a military commission, which convened at Alang-Alang, Leyte, P. I., pur- 
suant to paragraph 1, Special Orders, Xo. 223, Headquarters Department of the 
Yisayas, December 13, 1900, and of which Maj. Frederick J. Combe, surgeon, L^. S. 
Volunteers, was president, and 1st Lieut. Robert Le ^lasurier, 43d Infantry, U. S. 
Volunteers, was judge-advocate, were arraigned and tried: 

Francisco Carlos, Silvestre Bollecer, and Graciano Bolosanes, natives. 

Charge I.—' ' Robbery. ' ' 

Specification. — "In that Francisco Carlos, Silvestre Bollecer, and Graciano Bolo- 
sanes, natives, and each of them, on or about the 7th day of October, 1900, then as 
now a time of insurrection against the L^nited States, at or near the town of Alang- 
Alang, island of Leyte, P. I., a place, then as now, in the theater of active military 
operations, in company of and consorting with a band of armed outlaws to the num- 
ber of thirty, more or less, did feloniously and forcibly take, steal, and carry away 
seven carabaos, of the value of one hundred and fifty (>^150) dollars, more or less, 
the property of Eulalio Cabalona, Hilario Cabalona, Eulalio Aporillo, and Gregorio 
Mangallanes." 

Charge II.—" Murder. ' ' 

Specification. — "In that they, Francisco Carlos, Silvestre Bollecer, and Graciano 
Bolosanes, natives, and each of them, on or about the 7th day of October, 1900, then 
as now a time of insurrection against the L'nited States, at or near the town of Alang- 
Alang, island of Leyte, P. I., a i:)lace, then as now, in the theater of active military 
operations, in company of and consorting with a band of armed outlaws to the num- 
ber of thirty, more or less, did willfully, feloniously, and with malice aforethought 
kill and murder Bartolome Aporillo, Andres Salamia, Pedro Mangallanes, and Teles- 
foro Yaong, natives, by striking and inflicting wounds upon the bodies of the said 
Bartolome Aporillo, Andres Salamia, Pedro 3Iagallanes, and Telesforo Yaong with a 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 331 

sharp instrument held in the hands of the said Francisco Carlos, Silvestre Bollecer, 
and Graciano Bolosanes, natives, and other members of said band with whom they 
and each of them were consorting, from which said wounds so inflicted as afore- 
said the said Bartolome A.porillo, Andres Salamia, Pedro Mangallanes, and Telesforo 
Yaong, natives, then and there died." 

Pleas. — "Xot guilty." 

Finding. — Francisco Carlos, "not guilty." 

Silvestre Bollecer and (iraciano Bolosanes. Of the specification, first charge, 
"guilty, except the words, 'Eulalio Cabalona, Hilario Cabalona, Eulalio Aporillo,' 
and substituting therefore after the words 'Gregorio Mangallanes,' the words, 'and 
other parties unknown;' and of the excepted words, not guilty, and of the specifica- 
tion as amended, guilty." Of the first charge, "guilty." Of the specification, second 
charge, "guilty." Of the second charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Silvestre Bollecer 
and Graciano Bolosanes, natives, "To be hung by the neck until they are dead, at 
such time and place as the reviewing authority may direct, two-thirds of the mem- 
bers concurring therein." 

And the commission does therefore "acquit" him, Francisco Carlos, a native. 

In the foregoing case of Silvestre Bollecer, Graciano Bolosanes, and Francisco 
Carlos, natives, who were jointly tried, it appears that a party of natives, men and 
women living in Alang-Alang, went into the country in the near vicinitj' of said 
pueblo for the purpose of digging camotes and securing other means of leaving; that 
while engaged in loading their carabaos with the result of their labor, they were 
approached by a band of bolomen, of whom Silvestre Bollecer and Graciano Bolo- 
sanes were active and aggressive members; and first accusing these people of being 
Americanistas because they lived in Alang-Alang under American authority and pro- 
tection, made a murderous assault upon and killed four of them. They then seized 
and drove away seven carabaos belonging to their victims. For such wanton crime 
the laws, both of war and peace, fix the penalty of death. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed against the accused, Silvestre Bollecer and Graciano Bolosanes, and 
each of them, at Catbalogan, Samar, P. I., on the twelfth (12th) day of February, 
A. D. 1902, under the direction of the commanding general, Department of South 
Philippines. 

Francisco Carlos, having been found not guilty of participation in this crime, will 
be set at liberty. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquaetees Division of the Philippines, 

Manila, P. L, December £7, 1901. 
General Orders, No. 419. 

Before a military commission which convened at Echague, Isabela, Luzon, P. I., 
pursuant to paragraph 12, Special Orders, No. 121, Headquarters Department of 
Northern Luzon, May 3, 1901, and of which Major Levin C. Allen, 16th U. S. 
Infantry, was president, and 2d Lieutenant Charles L. McKain, 16th L". S. Infantrj^ 
was judge-advocate, were arraigned and tried Vicente Castanieto, MaximinoGuman- 
gan, Timoteo Carbonel, and Rufino Ofalla, natives. 

Chaege. — ' ' Murder. ' ' 

Specification 1. — "That Vicente Castanieto, Maximino Gumangan, Timoteo Car- 
bonel, and Rufino Ofalla, natives, and each of them, as leaders of a band of armed 
outlaws numbering thirty, more or less, did wilfully, feloniously, and with malice 
aforethought kill and murder Juan Oarang, a native, by l:)eating him with sticks 
held in the hands of members of said band, from the effects of which the said Juan 
Oarang then and there died. This on or about the 1st day of February, 1901, a time 
of insurrection, at or near the pueblo of Ibung, province of Nueva Viscaya, Luzon, 
P. I., a place under the military government of the United States." 

Specification 2. — "That Vicente Castanieto, Maximino Gumangan, Timoteo Car- 
bonel, and Rufino Ofalla, natives, and each of them, as leaders of a band of armed 
outlaws numbering thirty, more or less, did wilfully, feloniously, and with malice 
aforethought kill and murder Eulalio Saridon, a native, by burying him in the 
ground, which interment was performed by members of said band, and from the 
effects of which said Rulalio Saridon then and there died. This on or about the first 
day of 3Iarch, 1901, a time of insurrection, at or near the pueblo of Ibung, province 



332 CHARGES OF CRUELTY, ETC.. TO FILIPLNOS. 

of Xueva Viscava. Luzon. P. I., a place under the militarv srovernment of the United 
States."" 

Specincation 3. — "That Vicente Castanieto, ^laximino Gumangan. Timoteo Car- 
bonel, and RuHno Ofalla, natives, and each of them, as leaders of a band of armed 
outlaws, numbering thirty, more or less, did wilfully, feloniously, and with malice 
aforethought kill and murder two native women, namely, Raymunda Alejo and 
Federica Asuncion, by tying them to stakes and burning them vrkh fire set by mem- 
bei-s of said band, from the effects of which the said Ra\Tnunda Alejo and Federica 
Asuncion then and there died. This on or about the first day of March, 1901. a time 
of insurrection, at or near the pueblo of Ibung, province of Xueva Yiscaya, Luzon. 
P. I., a place under the military government of the L'nited States." 

Pleas. — " ' Xot guilty. ' ' 

Findings. — " ' Guilty. ' ' 

Sexte>xe. — And the commission does therefore sentence them, Vicente Castanieto, 
Maximino Gumangan, Timoteo Carbonel. and Rufino Ofalla. natives, and each of 
them, ""to be hanged by the neck until dead, at such time and place as the review- 
ing authority may designate, two-thirds of the members concurring therein." 

In the foregoing case of Vicente Castanieto. Maximino Gumangan. Timoteo Car- 
bonel. and Rufino Ofalla. natives, it appears from the evidence that these accused 
had been appointed representatives of one Valle, who had recently appeared in the 
province of Xueva Viscaya as a commissioner of the Katipunan society: that he 
claimed and exercised despotic powers over the people, and with the aid of his 
newly appointed officers, these accused, he proceedecl to establish respect for his 
authority by committing the barbarous crimes of bui'ning to death helpless women 
and murdering with savage cruelty two law-abiding men, in the manner and form 
as charged. 

This case is but an example of many others where ''commissioners" have been 
sent forth by the Katipunan chiefs, which is but another form of designation of the 
chiefs of insurrection with instructions to terrorize peaceful communities into taking 
the oath of the Katipunan society and joining hands with the so-called guerrilla, but 
now degenerate, bands, whose chief occupation is robbery, enforced by murder and 
assassination of their own people. Patriotism long since ceased to be the guiding 
motive of these bands. The number of men and women who have been destroyed 
by their own countrymen under guise of making war upon the American forces now 
reaches high into the thousands, and the work of these cowardly assassins, now mis- 
named insiu'rectos, still goes on in a few districts where they profess to be making 
war against the L'nited States; but where, in fact, they engage only in terrorizing 
the people into the surrender of enough property to enrich the leaders and support 
their ignorant and \'icious followers. 

The laws of war. having in ^iew the ultimate return of peace with complete pro- 
tection for the lives and property of the people, denounce upon all such banditti the 
penalty of death. Xo matter under what name or society they may seek to disguise 
their true character as banded assassins, the work of their extermination must go on 
until chief and follower shall cease their mhuman trade. 

But in consideration of the fact that the Katipunan commissioner. Xasario Valle, 
who was the chief instigator of these crimes and who exercised the terror of his 
authority over these accused in their perpetration, has paid the penalty therefor with 
his life, the sentence against these accused, and each of them, is commuted to im- 
prisonment at hard labor for the term of the natural life of each, and as thus com- 
muted will be duly executed at the presidio de Manila, to which these prisoners will 
be sent under guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant A djutant- General. 



Headquarters Division of the Philippines. 

ManUa, P. L December 2S, 1901. 
General Orders. Xo. 420. 

Before a military commission, which convened at Malabon, Rizal. Luzon, P. L, 
pm'suant to paragraph 5, Special Orders. Xo. 156. Headquarters Department of North- 
ern Luzon. June 8. 1901, and of which ^laj. William H. Cook, surgeon. L'. S. Vol- 
unteers, was president, and 1st Lieutenant Paul Giddings, battalion adjutant. 3d M. S. 
Infantry, was judge-advocate, were arranged and tried Asevero Taljlan. Proilan Sera 
Josip, and Platon Sacdalan, natives. 

Charge I. — "Kidnaping." 

Specification. — "In that they, Asevero Tablan, Proilan Sera Josip, and Platon Sac- 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 333 

dalan, natives, residents of Paombong, province of Bulacan, P. I., together with 
others not named, in company of and consorting with a band of armed outlaws, names 
and numbers unknown, did, each of them, enter the town of Paombong, a place gar- 
risoned by the American forces, and having enticed one Quiterio Hernandez, native, 
from his house by a letter, did feloniously and with malice aforethought forcibly 
seize and carry away the said Quiterio Hernandez, native, and convey him to a cuar- 
tel at or near Cacatihanonon, pueblo of Paombong, province of Bulacan, and there 
forcibly detain him, the said Quiterio Hernandez, against his will, for two days, 
more or less. This on or about the first day of November, 1900, a time, then as now, 
of insurrection against the lawful authority of the United States, at or near the pueblo 
of Paombong, province of Bulacan, P. I., a place, then as now, occupied by Ameri- 
can troops." 

Chaege II. — "Murder." 

Specification. — "In that they, Asevero Tablan, Proilan Sera Jossip, and Platon Sac- 
dalan, natives, residents of tlie pueblo of Paombong, province of Bulacan, P. L, 
together with Adriano Pascual, Jose Pascual, Crispin* Calayag, and Rufino Rivera, 
whose whereabouts are at present unknown, in company of and consorting with a 
band of outlaws, names and numbers unknown, armed with guns and bolos, did, 
each of them, convey one Quiterio Hernandez, native, to a place where a grave had 
been prepared, and did feloniously and with malice aforethought assault the said Qui- 
terio Hernandez, native, with bolos held in the hands of members of said band, with 
intent to kill and murder him, the said Quiterio Hernandez, inflicting wounds from 
which the said Quiterio Hernandez then and there died. This on or about the third 
day of November, 1900, a time, then as now, of insurrection against the lawful author- 
ity of the United States, at or near the pueblo of Paombong, province of Bulacan, P. 
I., a place, then as now, occupied bv the American forces." 

Plea.—' ' Xot guilty. ' ' 

Finding. — * ' Guilty." 

Sexten'ce. — And the commission does therefore sentence them, Asevero Ta])lan and 
Proilan Sera Josip, natives, and each of them, "to be hanged by the neck until 
dead, at such time and place as 'the reviewing authority may direct, two-thirds of 
the members concurring therein." 

And the commission does therefore sentence him, Platon Sacdalan, native, "to be 
confined at hard labor, at such place as the reviewing authority may direct, for the 
period of his natural life." 

In the foregoing case it appears that these accused, Asevero Tablan, Proilan Sera 
Josip, and Platon Sacdalan, residents of Paombong, Bulacan, P. I., enticed one Quiterio 
Hernandez from his house, seized and carried him off in a banca to an insurgent 
cuartel, and three days later these two accused, Asevero Tablan and Proilan Sera 
Josip, and other so-called insurgent soldiers, killed said Hernandez with a bolo and 
buried him in a newly-made grave excavated on the spot for that purpose. 

A statement or deposition of the wife of deceased, attached to the record as an 
exhibit, was improperly received, being absolutely inadmissiiDie on any theory of the 
law of evidence, but as the confessions of these accused lea^e no doubt as to their 
guilt, no substantial right of theirs has been affected by this error. 

The proof connects the accused Platon Sacdalan with the sequestration of deceased 
in a minor capacity, but does not show that he was present or took any part in the 
murder or had guilty knowledge of the intent to commit the same or of its commis- 
sion. He, however, made no disclosure of the kidnapping to the autliorities. 

The sentence, approved by the Department Commander, is confirmed, but, in 
accordance with his recommendation, is commuted as to the accused Asevero Tablan 
and Proilan Sera Josip, and each of them, to imprisonment at hard labor for the 
period of their natural lives, and as thus commuted will be duly executed. 

The sentence against Platon Sacdalan is mitigated to imprisonment at hard labor 
for the term of five (5) years. The Presidio de Manila is designated as the place of 
confinement, to which the prisoners will be sent under proper guard. • 

Bv command of ^Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Pacific, 

Manila, P. I., December 28, 1901. 
General Orders, No. 421. 

Before a military commission which convened at Sara, Panay, P. I., pursuant to 
paragraph 4, Sjiecial Orders, Xo. 177, Headquarters Department (^f the Visayas, July 
10, 1901, and of which Captain Everard E. Hatch, ISth U. S. Infantry, was president, 



384 CHARGES OF CRUELTY. ETC., TO FILIPIjS^OS. 

and 1st Lieutenant Bryan Conrad, 18th V. S. Infantry, was judge-advocate, was 
arraigned and tried Carlos Suabillo, a native. 

Charge. — " Robbery." 

Specification 1. — "In that on or about the 13th day of June, 1900, at the town of 
Concejjtion, district of Conception, island of Panay, P. I., a place, then as now, 
under the military government of the United States, one Carlos Suabillo, a native, 
did on the date and at the place aforesaid, in company of and consorting with a band 
of armed outlaws to the number of forty (40), more or less, under the command and 
direction of one Perfecto Pablador, a native, enter the house of Lauerano Pendon, a 
native, in the town of Conception, district of Conception, island of Panay, P. I. , and 
forcibly take, steal, and carry away from the house of the said Lauerano Pendon the 
following property, to wit, he being present aiding and abetting: Jewelry to the 
value of five hundred dollars (8500.00) ; gold and silver coin to the value of five hun- 
dred dollars (S.500.00); clothing to the value of four hundred dollars (S400.00); one 
rifle to the value of fifty dollars (S50.00): tobacco to the value of twenty-five dollars 
(S2o.00) ; wines to the value of twenty dollars (820.00) and twenty-four (24) carabaos 
to the value of seven hundred and sixty dollars (8760.000) ; all of the aforesaid values 
being in Mexican currency, and the total amounting to two thousand two hundred 
and fifty-five dollars (82,255.00) in Mexican currency, and being the property of the 
said Lauerano Pendon." 

Specification 2. — "In that on or about the 13th day of June, 1900, at the town of 
Conception, district of Conception, island of Panay. P. I., a place then, as now, 
under the military government of the L^nited States, one Carlos Suabillo, a native, did 
on the date and at the place aforesaid, in company of and consorting with a band of 
armed outlaws to the number of forty (40), more or less, under the command and 
direction of one Perfecto Pablador, a native, enter the house of Tranquilino Longno, 
a native, in the town of Conception, district of Conception, island of Panay, P. I., and 
forcibly take, steal, and carry away from the house of the said Tranquilino Longno 
the following property, to wit, he being present aiding and abetting: Twenty (20) 
cabanes of rice to the value of one hundred dollars (8100.00); jewelry to the value 
of one hundred dollars (8100.00); silver cm-rency to the amount of two hundred and 
fifty dollars (8250.00); clothing contained in six (6) boxes, to the value of six hun- 
dred dollars (8600.00); tobacco to the value of fifty dollars (850.00) ; and nine cara- 
baos to the value of three hundred and fifteen dollars (8315.00) ; all of the aforesaid 
values being m Mexican currency, and the total value of the articles and carabaos 
amounting to one thousand four hundred and fifteen dollars (81,415.00), Mexican 
currency, and being the proyjerty of the said Tranquilino Longno." 

Plea.—' ' Xot guilty. ' ' 

FiXDixG. — " Guilty." 

Sextexce. — And the commission does therefore sentence him, Carlos Suabillo, 
native, "to be confined at hard labor, at such place as the reviewing authority may 
direct, for a period of twenty (20) years." 

In the foregoing case it appears that this accused, Carlos Suabillo, a leader of a 
band of ladrones, in company of some forty members of his band, repaired to the 
house of a native, Lauerano Pendon, in the town of Conception, Panay, and by force 
and intimidation robbed him of money and property of the total value of 2,255 pesos. 
Incidentally, he beat the wife of the said Lauerano Pendon with a cane to force her 
to disclose the hiding place of her valuables. It further appears that this accused 
on the same night proceeded to the house of one Tranquilino Longno and robbed 
him of property of the total value of 1,415 pesos. 

Robbery for personal gain was the only apparent motive. 

This accused is fully identified by eye-witnesses as the leader and chief perpetrator 
of the crimes charged, and he in no wise controverts this evidence in the testimony 
of the defense, nor does he personally make any explanation or denial. 

The sentence, approved by the Department Commander, is confirmed, and will be 
duly executed again.st this accused, Carlos Suabillo, at the presidio de Manila, to 
which place he will be sent imder proper guard. 

Bv command of Major-General Chaffee; 

W. P. Hall, 
Assistant Adjutant- General. 



Exhibit G. 

(Parts.) 

Trials of Filipinos hy military commission for cruelty against soldiers, January 1, 1900- 

Decemher 31, 1901. 

Headquartees Division of the Philippines, 

Manila, P. L, April 24, 1900. 
General Orders, No. 9. 

Before a military commission which convened at Calamba, P. I., pursuant to para- 
graph 3, Special Orders, No. 48, dated February 17, 1900, Headquarters Department 
of the Pacific and 8th Army Corps, and of which Lieutenant-Colonel Edward B. Pratt, 
46th Infantry, U. S. Volunteers, was president, and Captain Charles R. Howland, 
28th Infantry, U. S. Volunteers, was judge-advocate, were arraigned and tried: 

I. Raimondo Hernandes, a native. 

Charge I. — "Murder." 

Specification. — ''In that he, Raimondo Hernandes, native, on or about February 
2, 1900, then as now a time of insurrection, at or near the barrio of Bagbag, pueblo 
of Tanauan, island of Luzon, P. I., a place then as now under the military govern- 
ment of the United States, in company of and consorting with a band of guerrillas 
armed with deadly weapons, to wit: Mauser and Remington rifles and bolos, did 
willfully, feloniously, and with malice aforethought kill and murder one Albert 
Votrie, quartermaster-sergeant. Company K, 39th Infantry, U. S. Volunteers, by 
shooting him, the said Votrie, with said rifles, and by stabbing him, the said Votrie, 
with said bolos held in the hands of members of saicl band, inflicting wounds there- 
with whereof he, the said Votrie, then and there died; he, the said Hernandes, being 
then and there present aiding and cooperating with said band . This at the time and 
place above specified." 

Charge II. — "Assault and battery with intent to kill." 

Specification. — "In that he, Raimondo Hernandes, native, on the 2d day of Feb- 
ruary, 1900, and on each succeeding day to include the 7th day of February, 1900, 
then as now a time of insurrection, at or near the barrio of Bagbag, pueblo of Tan- 
auan, island of Luzon, P. I., a place then as now under the military government of 
the United States, in company of and consorting with a band of guerrillas armed with 
deadly weapons, to wit: Mauser and Remington rifles and bolos, did make a violent 
assault upon one Isaac Evans, corporal, Company K, 39th Infantry, U. S. Volunteers, 
by shooting him, the said Evans, with rifles held in the hands of members of said 
band, inflicting therewith a wound upon the said Evans, with the intent then and 
there feloniously, willfully, and with malice aforethought, to kill and murder the 
said Evans; the said Hernandes being then and there present participating in said 
assault. This at the time and place above specified." 

Charge III. — "Assault with intent to kill." 

Specification. — "In that he, Raimondo Hernandes, native, on or about the 2d day 
of February, 1900, then as now a time of insurrection, at or near the barrio of Bag- 
bag, pueblo of Tanauan, island of Luzon, P. I., a place then as now under the mili- 
tary government of the United States, in company of and consorting with a l)and of 
guerrillas armed with deadly weapons, to wit: Mauser and Remington rifles and 
bolos, did make a violent assault upon one Edward Behring, private. Company K, 
39th Infantry, U. S. Volunteers, by shooting at him, the said Behring, with said 
rifles, and by striking at him, the said Behring, with said bolos held in the hands of 
members of said band, with the intent then and there feloniously, willfully, and with 
malice aforethought, to kill and murder the said Behring; the said Hernandes being 
then and there present and participating in said assault. This at the time and place 
above specified." 

Pleas. — To the charges and specifications the accused pleaded "not guilty." 

335 



336 CHARGES OF CRUELTY, ETC., TO FILIPINOS 

Findings. — Of the specification, first charge, "guilty, with the exception of the 
words ' by shooting him, the said Yotrie, with said rifles and, ' and of the excepted 
words, not guilty;" of the first charge, "guilty;" of the specification, second charge, 
"guilty;" of the second charge, "guilty." 

Of the specification, third charge, "guilty, with the exception of the words 'and 
by striking at him, the said Behring, with said bolos,' and of the excepted words, 
not guilty;" of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, the accused, Ria- 
mondo Hernandes, a native, "to suffer death by hanging at such time and place as 
the reviewing authority may direct; two-thirds of the members concurring therein. " 

In the foregoing case of Riamondo Hernandes, native, the findings of the commis- 
sion are fully sustained by the evidence of record, and the death sentence imposed 
by it has the express sanction of the laws of war. The reviewing authority, however, 
is unwilling to direct the execution of the sentence awarded, believing that the 
accused was influenced to commit the crimes of which he stands convicted by local 
guerrilla chiefs who are the principal criminals in the affair, and that he was ignorant 
of the legal consequences to himself attendant upon conviction therefor. 

The sentence is confirmed, but is commuted to imprisonment at hard labor for 
twenty years at the Presidio de Manila, to which point the x^risoner will be sent under 
proper guard. 

II. Xicacio Leonor, a native. 

Ghaege I. — "Murder, in violation of the laws of war." 

Specjficaiwn. — "In that he Xicacio Leonor, native, on or about February 2, 1900, 
then as now a time of insurrection, at or near the Barrio of Bagbag, Pueblo of Tana- 
uan, Island of Luzon, P. I. , a place then as now under the military government of 
the L'nited States, in company of and consorting with a band of guerrillas armed with 
deadly weapons, to wit: Mauser and Remington rifles and bolos, did make an assault 
upon and did wilfully, feloniously, and with malice aforethought, kill and murder 
one Albert Yotrie, quartermaster-sergeant. Company K, 39th Infantry, L"". S. Volun- 
teers, by stabbing him, the said Yotrie, with said IdoIos held in the hands of mem- 
bers of said band, and by striking him, the said Yotrie, on the head with a blunt 
instrument held in the hands of members of said band, inflicting various mortal 
wounds upon the head and body of said Yotrie, whereof he, the said Yotrie, then 
and there died; he, the said Xicacio Lenor, being then and there present aiding and 
cooperating with said band. This at the time and place above specified." 

Ghaege II.— "Assault with intent to murder in violation of the laws of war." 

Specification. — "In that Xicacio Leonor, native, on the 2d day of February, 1900, 
and on each succeeding day to include the 7th day of February, 1900, then as now a 
time of insurrection, at or near the Barrio of Bagbag, Pueblo of Tanauan, Island of 
Luzon, P. I., a place then as now under the military government of the L'nited States, 
in company of and consorting with a band of guerrillas armed with deadly weapons, 
to wit: Mauser and Remington rifles and bolos, did make a violent assault upon one 
Isaac Evans, corporal, Gompany K, 39th Infantry, L". S. Yolunteers, by shooting 
him, the said Evans, with rifles held in the hands of members of said band, inflicting 
therewith a wound upon the said Evans, with intent then and there feloniously, wil- 
fully and with malice aforethought, to kill and murder the said Evans, the said 
Xicacio Leonor being then and there present participating in said said assault. This 
at the time and place above specified. 

Ghaege III.— "Assault with intent to kill." 

Specification. — In that he, Xicacio Leonor, native, on or about the 2d day of Feb- 
ruary, 1900, then as now a time of insurrection, at or near the Barrio of Bagbag, 
Pueblo of Tanauan, Island of Luzon, P. I., a place then as now under the military 
government of the United States, in company of and consorting with a band of guer- 
rillas armed with deadly weapons, to wit: Mauser and Remington rifles and bolos, 
did make a -violent assault upon one Edward Behring, private, Gompany K, 39th 
Infantry, L^. S. Yolunteers, by shooting at him, the said Behring, with said rifles held 
in the hands of members of said band, with the intent then and there, feloniously, 
wilfully and with malice aforethought, to kill and murder the said Behring; the said 
Xicacio Leonor being then and there present and participating in said assault. 'This 
at the time and place above specified." 

Pleas. — To the charges and specifications the accused pleaded, "Xot guilty." 

Findings. — Of the charges and specifications, "Guilty." 

Sentence. — And the commission does sentence the accused, Xicacio Leonor, native, 
"To be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct; two-thirds of the members concurring therein." 

In the foregoing case of Xicacio Leonor, native, the offenses alleged and the evi- 
dence adduced are sul)stantially the same as in the case of Raimondo Hernandes, and 
the remarks of the reviewing authority in the latter case are applicable in this. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 337 

The sentence is confirmed, but is commuted to imprisonment at hard labor for 
twenty years at the Presidio de Manila, to which point the prisoner will be sent 
under proper guard. 

III. Juan Tuson, a native. 

Charge I. — "Murder in violation of the laws of war." 

Specification. — "In that he, Juan Tuson, native, on or about February 2, 1900, then 
as now a time of insurrection, at or near the bario of Bagbag, pueblo of Tanauan, 
island of Luzon, P. I., a place then as now under the military government of the 
United' States, in company of and consorting with a band of guerrillas, armed with 
deadly weapons, to wit: Mauser and Remington rifles and bolos, did make an assault 
upon and did, willfully, feloniously and with malice aforethought, kill and murder one 
Albert Votrie, quartermaster sergeant. Company K, 39th Infantry, U. S. Volunteers, 
by stabbing him, the said Votrie, with said bolos held in the hands of members of 
said band, and by striking him, the said Votrie, on the head with a blunt instrument 
held in the hands of members of said band, inflicting various mortal wounds upon 
the head and body of said Votrie, whereof he, the said Votrie, then and there died; 
he, the said Juan Tuson, being then and there present aiding and abetting and coop- 
erating with said band. Thi's at the time and place above specified." 

Charge II. — "xlssault with intent to murder in violation of the laws of war." 

Specification. — "In that Juan Tuson, native, on the 2d day of February, 1900, 
and on each succeeding day to include the 7th day of February, 1900, then as now 
a time of insurrection, at or near the barrio of Bagbag, pueblo of Tanauan, island 
of Luzon, P. I., a place then as now under the military government of the United 
States, in company of and consorting with a band of guerrillas armed with deadly 
weapons, to wit: Mauser and Remington rifles and bolos, did make a violent assualt 
upon one Isaac Evans, corporal, Company K, 39th Infantry, U. S. Volunteers, by 
shooting him, the said Evans, with rifles held in the hands of members of said 
band, inflicting therewith a wound upon the said Evans, with intent then and there 
feloniously, willfully, and with malice aforethought, to kill and murder the said 
Evans ; the said Juan Tuson being then and there present participating in said assault. 
This at the time and place above specified." 

Charge III. — "Assault with intent to kill." 

Specification. — "In that he, Juan Tuson, native, on or about the 2d day of Febru- 
ary, 1900, then as now a time of insurrection, at or near the barrio of Bagbag, pueblo 
of Tanauan, island of Luzon, P. I. , a place then as now under the military govern- 
ment of the United States, in company of and consorting with a band of guerrillas, 
armed with deadly weapons, to wit: Mauser and Remington rifles and bolos, did 
make a violent assault upon one Edward Behring, private. Company K, 39th Infan- 
try, U. S. Volunteers, by shooting at him, the said Behring, with said rifles held in 
the hands of members of said band, with the intent then and there, feloniously, 
w^illfully, and with malice aforethought, to kill and murder the said Behring; the said 
Juan Tuson being then and there i^resent and particii)ating in said assault. This at 
the time and place above specified." 

Pleas. — To the charges and specifications the accused pleaded "not guilty." 

Findings. — Of the charges and specifications, "guilty." 

Sentence. — And the commission does sentence the accused, Juan Tuson, native, 
' ' to be hanged by the neck until dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Juan Tuson, native, the offenses and the evidence adduced 
are substantially the same as in the case of Raimondo Hernandes, and the remarks 
of the reviewing authority in the latter case are applicable in this. 

The sentence is confirmed, but is commuted to imprisonment at hard labor for 
twenty years at the Presidio de ]Manila, to which point the prisoner will be sent under 
proper guard. 

IV. The clemency herein exercised will not be considered as a precedent to guide 
or influence the future action of the reviewing authority upon proceedings of military 
commissions in cases of such gravity as the present one, and the occasion is taken to 
announce that in the judicial determination of questions of guilt which involve respon- 
sibility for the unlawful taking of human life the full rigor of the law will be inflicted 
when rightfully invoked by legally constituted courts. 

By command of Major-General Otis: 

M. Barber, 
Assistant Adjutant- General. 
S. Doc. 205, pt 2 22 



338 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Department of the Pacific and Eighth Army Corps, 

Manila, P. I., Aprils, 1900. 
General C)rders, Xo. 24. 

I. Before a military commission which convened at Manila, P. I., January 24, 
1900, pursuant to paragraph 7, Special Orders No. 11, c. s., these headquarters, and 
of which Colonel Aaron S. Daggett, 14th U. S. Infantry, is president, was arraigned 
and tried Rosario Espiritu, Filipino. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that he, Rosario Espiritu, a Filipino and resident of JSacoor, 
Island of Luzon, P. I., did, on or about the 15th day of November, 1899, then, as 
now, a time of insurrection, at Bacoor, Island of Luzon, P. L, then, as now, a place 
under the United States military occupation and Government, feloniously, willfully, 
and Avith malice aforethought kill and murder one Private George A. Wagner, 
Company F, 14th U. S. Infantry, then and there present and in the discharge of his 
duty, by shooting him, the said Wagner, in the abdomen with a revolver, and by 
stabbing him, the said Wagner, with a sharp instrument commonly called a bolo, 
thereby inflicting certain wounds, by reason of which wounds the said Wagner died 
on the 15th day of Xovember, 1899. This at the times and place above specified." 

To which charge and specification the accused, Rosario Espiritu, pleaded as fol- 
lows, to the specification, "not guilty;" to the charge, "not guilty." 

Findings. — The commission, having maturely considered the evidence adduced, 
finds the accused, Rosario Espiritu, of the specification, "not guiltv;" of the charge, 
"not guilty." 

And the commission does therefore acquit him, Rosario Espiritu. 

II. The proceedings in the foregoing case, exclusive of exhibits, make up a record 
of 277 pages, and the sessions of the commission were extended over a period of 
about two months. Much of the matter included in the record is immaterial to the 
issues before the commission, and the time of the latter was largely consumed in 
listening to discussions and testimony of a wholly irrelevant character. 

The attention of the members of this commission and of officers serving in this 
department is invited to the fact that while military commissions are expected to 
accord a fair and impartial trial to accused parties, they are war tribunals and their 
procedure is essentialh' summary; and their failure to observe details of practice com- 
monly observed before civil courts, and even before courts-martial, will not ordinarily 
be fatal to the validity of their jDroceedings. 

The admission of counsel before such tribunals is a privilege which should be 
accorded an accused when practicable, but when counsel utilizes his position as such 
to interpose technical objections and obstruct and delay procedure, he may, and 
should, be debarred from the privilege of further representing his client before the 
commission. 

In this case the evidence was abundantly sufficient to sustain a conviction, and the 
failure of the commission to so find is attributed to complications arising during the 
trial resulting from wholly immaterial and irrelevant objections by counsel. The 
acquittal is disapproyed. The accused will be released from further custody. 

By command of Major-General Otis: 

M. Barber, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. L, October 18, 1900. 
General Orders, No. 98. 

Before a military commission which convened at San Isidro, Province of Xueva 
Ecija, Luzon, P. L, pursuant to paragraph 7, Special Orders, No. 43, Headquarters 
Department of Northern Luzon, June 4, 1900, and of which Major Joseph W. 
Wheeler, jr., 34th Infantry, U. S. Volunteers, was president, and 1st Lieutenant 
Ivers W. Leonard, 22d U. S. Infantry, was judge-advocate, was arraigned and tried 
Macario Estrella, a native. 

Charge, — "Assault and battery with intent to commit murder." 
Specification. — " In that one Macario Estrella, a native, on or about March 15, 1900, 
then as now a time of insurrection, at or near the barrio of San Fernando, Pueblo of 
Cabiao, Province of Nueva Ecija, P. L, a place then as now in the theatre of active 
military operations, in company with a band of armed outlaAvs to the number of nine, 
more or less, then and there engaged in guerrilla warfare, did Avillfully, feloniously, 
and with malice aforethought, and with the intent and presentability then and there 
to kill and murder one Charles W. Ray, a sergeant of Company I, 22d U. S. Infantry, 
assault and torture the said Ray by cutting and stabbing him, the said Ray, with 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 339 

sundry and divers deadly weapons commonly called bolos, then and there held in 
the hands of members of said band, names unknown, inflicting therewith nunierous 
painful and dangerous wounds upon the head, body, and arms of said Kay and did 
continue so to cut, stab, wound, and torture said Kay for a long time after he, said 
Ray, had fallen helpless to the ground, and until they, the said Estrella and other 
members of said band, names unknown, were frightened away by the approach of 
American troops. This at the time and place above stated." 

Pleas. — To the specification, "Not guilty;" to the charge, "Not guilty." 

Findings. — Of the specification, "guilty;" of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, the said Macario 
Estrella, a native, "to be confined at hard labor, at such place as the reviewing 
authority may direct, for the remainder of his natural life." 

In the foregoing case of Macario Estrella, native, it appears of record that the 
accused, in concert with companions, all acting the part of peaceful citizens and 
watching their opportunity, seized hold of the rifle of Sergeant Kay from behind, 
while the said Kay was proceeding along the highway, and following up their advan- 
tage they succeeded with bolos in inflicting upon the person of said Kay many 
grievous wounds, resulting in the loss of one of his arms. 

The accused was the foremost assailant and only desisted in his murderous a.ssault 
through fear for his own life. 

The sentence which was approved by the department commander on August 28, 
1900, is confirmed and will be duly executed at the Presidio de Manila, to which 
place the prisoner will be sent under proper guard. 

By command of Major-General MacArthur: 

S. D. Stukgis, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila^ P. I. , November 2, 1900. 
General Orders No. 108. 

I. Before a military commission which convened at Dagupan, province of Panga- 
sinan, Luzon, P. I., pursuant to paragraph 3, Special Orders, No. 63, Headquarters 
Department of Northern Luzon, June 25, 1900, and of which Captaii^ William L. 
Buck, 13th U. S. Infantry, was president, and 1st Lieutenant Paul B. Malone, 13th 
U. S. Infantry, was judge-advocate, were arraigned and tried: 

1. A^icente Prado, a native. 

CHARCiE I. — " Murder." 

Specification 1. — "In that he, Vicente Prado, native, on or about April 2, 1900, 
then, as now, a time of insurrection, at or near his camp in the mountains near 
Kosario, province de la LTnion, island of Luzon, P. I., a place then, as now, in the 
theater of active military operations, in company of and consorting with a band of 
outlaws to the number of fifty-seven men armed with rifles, and one hundred and 
fifty men armed with bolos, more or less in both cases, commanded by the said 
Vicente Prado, did willfully, feloniously, and with malice aforethought, kill and 
murder two Americans, names unknown (supposed to be Anthony Gurzinsky, Com- 
pany C, 13th U. S. Infantry, and Samuel Dixon, formerly doing business at Pozor- 
rubio, P. I. ), by cutting them with bolos held in the hands of members of said band, 
names unknown, inflicting wounds therewith whereof the said two Americans, 
names unknown, then and there died and were buried; the order for the murder of 
the said Americans having been given by the said AMcente Prado in person, and the 
murder having been committed in his presence. This at the place and on or about 
the date specified." 

Specification 2. — "In that he, Vicente Prado, native, on or about INIay 3, 1900, then, 
as now, a time of insurrection, at or near his camp in the mountains near Kosario, 
Province de la Union, Island of Luzon, P. L, a place then, as now, in the theater of 
active military operations, in company of and consorting with a band of armed out- 
laws to the number of fifty-seven men armed with rifles, and one hundred and fifty 
men armed with bolos, more or less in both cases, commanded by the said Vicente 
Prado, did willfully, feloniously, and with malice aforethought, kill and murder two 
Igorrotes, man and wife, names unknowi], natives of Benguet, province of Bcnguet, 
by cutting them with bolos held in the hands of members of said band, names 
unknown, inflicting wounds therewith, whereof the said two Igorrotes, names 
unknown, then and there died and were then and there buried, the order for the 
murder of the said two Igorrotes having been given in person by the said Vicente 
Prado. This at the place on or about the date specified." 

Specification 3. — "In that he, Vicente Prado, native, on or about IMay 3, 1900, 



340 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

then, as now, a time of insurrection, at Rosario, province de la Union, island of 
Luzon, P. L, a place then, as now, in the theater of active military operations, being 
in command of a band of armed outlaws to the number of fiftj'-seven men armed 
with rifles, and one hundred and fifty men armed with bolos, more or less in both 
cases, stationed in camp in the mountains near the said Rosario, did permit and 
order a part of said band commanded by one Inocencio Prado to proceed to the said 
Rosario and kill one Fruto M. Favia, native, duly elected presidente local of the 
said Rosario under rules and regulations prescribed by proper military authorities of 
the United. States Government, and, under said order, said armed band did proceed 
to said Rosario and did willfully, feloniously, and with malice aforethought, kill and 
murder the said Fruto M. Favia, and his son Francisco, by shooting them, the said 
Fruto ]M. Favia and his said son, with guns held in the hands of members of said 
band, names unknown, inflicting wounds therewith whereof they, the said Fruto M. 
Favia and his said son Francisco, and each of them, then and there died. This at 
the places and on or about the time specified." 

CHARCiE II. — "Guerilla warfare, in violation of the laws of war." 

Specifi cation 1. — "In that he, Vicente Prado, native, at various times during the 
months of ]March, April, and May, 1900, then, as now, a time of insurrection, at his 
camp near Rosario, Province de la Union, island of Luzon, P. L, a place then, as 
now, in the theater of active military operations, in compan}^ of, and consorting with, 
and commandmg a band of armed outlaws to the number of fifty-seven men armed 
with rifles, and one hundred and fifty men armed with bolos, more or less in both 
cases, did send sporadic expeditions of un-uniformed armed outlaws in and about 
the suburbs and vicinity of San Jacinto, Pangasinan Province, island of Luzon, P. L, 
Avhereby one American soldier, Anthony Gurzinsky, Company C, 13th U. S. Infan- 
try, was captured and afterwards put to death, and many natives, including Ciriaco 
de la Pena, Antonio Menesses, Tomas Estrada, Moresto Mirlang, Tomas Molino, 
Domingo Salcedo, and several others, all natives of the said San Jacinto, were feloni- 
ously, forcibly, and against their wills taken prisoners to said camp and there held as 
such until they made their escape on May 6, 1900, at which time the said camp was 
attacked by American soldiers. This at the times and places above specified." 

Specification 2. — "In that he, Vicente Prado, native, on or about April 21, 1900, 
bhen, as now, a time of insurrection, at his camp near Rosario, Province de la Union, 
island of Lu:^n, P. I., a place then, as now, in the theater of active military opera- 
tions, in company of, and consorting with, and commanding a band of armed out- 
law's to the number of fifty-seven men armed with rifles, and one hundred and fifty 
men armed with bolos, more or less in both cases, did order a part of said band to 
proceed and attack and burn San Jacinto, P. I., and by reason of said order a part of 
said band did attack and set fire to the said San Jacinto with rifles and fire held in 
the hands of members of said band, names unknown, thus endangering the lives of 
peaceful inhabitants and burning one hundred and three of their houses more or less. 
This at the places on or about the date specified." 

Pleas. — To the first specification, first charge, "not guilty;" to the second specifi- 
cation, first charge, "not guilty;" to the third specification, first charge "not 
guilty;" to the first charge, "not guilty;" to the first specification, second charge, 
" not guilty;" to the second specification, second charge, "not guilty; " to the second 
charge, ' ' not guilt}'. ' ' 

Findings. — Of the first specification, first charge, "guilty, except as to the words, 
'and Samuel Dixon, formerly doing business at Pozorrubio, P. I.,' substituting there- 
for the words 'and another white man, name unknov\'n;' and of the excepted words 
not guilty, and of the substituted words guilty;" of the second specification, first 
charge, "guilty, except as to the words 'natives of Benguet, Province of Benguet,' 
and of tlie excepted vvords not guilty;" of the third specification, first charge, 
"guilty;" of the first charge, "guilty;" of the first specification, second charge, 
"guilty;" of the second specification, second charge, "guiltv;" of the second charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him. Vicente Prado, 
native, "To be hanged by the neck till dead, at such place and time as the reviewing 
authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Vicente Prado, native, it is clearly shown by the testimony of 
many witnesses that the accused established a camp in a strong position, difficult of 
access, in the mountainous district near Rosario in Union Province: that he intrenched 
his camp and erected buildings for the band of armed outlaws which he gathered 
about him; that he was chief in command and had subordinate officers under him; 
that while in command of said camp two Americans were brought as prisoners before 
him and for no assigned reason other than that they were "enemies," they were 
forthwith ordered to instant death; that about a month later two Igorrotes, a man 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 341 



• 



and a woman, were hroiight before him charged with being American spies, and, 
withont attempt at proof or form of trial, were also ordered to be forthwith executed. 
In both instances, the accused, from a short distance and in plain view, witnessed 
the bloody execution of his orders with bolos held in the hands of members of hivS 
outlaw band upon these unfortunate and defenseless people. 

It further appears that the accused ordered his subordinates to proceed with armed 
detachments of his band to attack and burn the pueblo of San Jacinto and to arrest, 
and, •' If he resisted, kill " the presidente of Rosario, and that in pursuance of these 
orders the presidente of Rosario and his son were killed, and 103 houses in San 
Jacinto burned. 

That the accused ordered and caused to be executed these awful crimes of murder 
and arson, that in the fancied security of his bandit stronghold he had entered with 
set purpose upon his self-appomted work of destroying the lives and property of all 
who offended against his savage conceyjtion of what they ought or ought not to do, 
and that he had pursued this course until he had become a terror to the inhabitants 
of a large section of countr}-, are proven by all reasonable doubt. 

The sentence, which was approved by the department commander on September 
4, 1900, is confirmed, and will be duly executed at the pueblo of Dagupan, province 
of Pangasinan, Luzon, P. I., on the thirtieth (30th) day of November, A. D. 1900, 
under the direction of the commanding general, Department of Northern Luzon. 

2. Inocencio Prado, a native. 

ChaectE I. — "Murder." 

Spec{pcaiion 1. — "'In that Inocencio Prado, native, in a camp in the mountains 
near Rosario, province de la L^nion, P. L, in territory then as now occupied by the 
United States troops, at a time then as now of insurrection against the lawful 
authority of the I'nited States, in company of and consorting with a band of armed 
outlaws to the number of fifty, more or less, under the immediate command of and 
led by the said Inocencio Prado, did, willfully, feloniously, and with malice afore- 
thought, kill and murder two American prisoners, names unknown, by stabbing them, 
the said American prisoners, names unknown, with bolos held in the hands of mem- 
bers of said band, names unknown, inflicting wounds therewith whereof they, the 
said American prisoners, names unknown, then and there died and were then and 
there buried. This on or about April 2, 1900." 

Specification 2. — "In that Inocencio Prado, native, on or about May 3, 1900. then 
as now a time of insurrection, in a camp in the momitains near Rosario, province de 
la L'nion, P. I., a place then as now in the theater of active military operations, in 
company of and consorting with a band of armed outlavxs, did, willfully, feloniously, 
and with malice aforethought, cause to be killed and murdered two Igorrotes, man 
and wife, names unknown, by having them cut with bolos, held in the hands of 
members of said band, names unknown, inflicting wounds therewith whereof the 
said two Igorrotes, names unknown, then and there died and were buried. This at 
the place on or about the date specified." 

Specificatioji 3. — "In that he, Inocencio Prado, a native, on or about May 3, 1900, 
then as now a time^of insurrection at Rosairo, province de la L'nion, P. L, a place 
then as now in the theater of active military operations, being in conimand of a band 
of outlaws to the number of forty, more or less, armed with rifles, did, willfully, felon- 
iously, and with malice aforethought, kill and murder Fruto INL Favia, presidente of 
the said Rosario, and his son Francisco, by shooting them, the said Fruto ]M. Favia 
and his said son with guns, held in the hands of members of said l)ands. names 
unknown, inflictinjj wounds therewith whereof they, the said Fruto M. Favia and 
his said son Francisco, and each of them, then and there died. This at the place 
and on or about the time specified." 

Charge II. — "(Tnerrilla warfare, in violation of the laws of war." 

Speclficdt'to/i 1. — "In that Inocencio Prado, native, at a time then, as now, of insur- 
rection against the lawful authority of the United States, in company of and con- 
sorting with, a band of ununiformed armed outlaws, commanded and led by the said 
Inocencio Prado, did attack with rifles and burn with fire, held in the hands of mem- 
bers of said l>and, names unknown, San Jacinto, P. I., a place then, as now, occupied 
by U. S. troops, whereby the lives of peaceful inhabitants of the said San Jacinto 
were endangered, and 103 of their houses, more or less, were burned and destroyed. 
This on or about April 21, 1900, at the place above specified." 

Specification 2. — "In that he, Inocencio Prado, native, at a time then, as now, of 
insurrection against the lawful authority of the t'nited States, in the barrio of Santa 
Maria, San Jacinto, P. I., a town then, as uoav, occupied by the U. S. troo]>s, in com- 
l^any of, and consortmg with, a band of ununiformed armed outlaws, commanded by 
the sail I Inocencio Prado, did feloniously seize, bind, and carry away, or cause to be 
seized, bound, and carried away to a camp in the mountains near Rosario. P. I., a 



342 CHAEGES OF CEUELTY, ETC. , TO FILIPINOS. 



•. 



place then, as now, within the sphere of mihtary operations, one Anthony Gurzinski, 
private, Company C, 13th Infantry, where the said Gurzinski was Avillfully, feloni- 
ously, and with malice aforethought killed and murdered, by stabbing him with 
bolos, held in the hands of members of said band, names unknown, inflicting wounds 
therewith whereof he, the said Gurzinski, then and there died on or about April 2, 
1900. This on or about March 21, 1900, at the i^lace above specified." 

Pleas. — To the first specification, first charge, "not guilty." To the second speci- 
fication, first charge, "not guilty." To the third specification, first charge, "not 
guilty." To the first charge, "not guilty." To the first specification, second charge, 
"not guilty." To the second specification, second charge, "not guilty." To the 
second charge, "not guilty." 

FixDixGS. — Of the first specification, first charge, "guilty." Of the second speci- 
fication, first charge, "guilty." Of the third specification, first charge, "guilty." 
Of the first charge, "guilty." Of the first specification, second charge, "guilty." 
Of the second specification, second charge, ' ' guilty. ' ' Of the second charge, ' 'guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Inocencio Prado, 
native, "To be hanged by the neck till dead, at such time and place as the review- 
ing authority may direct, two-thirds of the members of the commission concurring 
therein. ' ' 

In the foregoing case of Inocencio Prado, native, the evidence unmistakably shows 
that the accused was a willing, zealous, as also the most trusted, subordinate of 
Vicente Prado, and, under the orders of that notorious outlaw chief, commanded 
detachments of his band upon all the more important enterprises in which said band 
was engaged; that when the members of said band, assigned to the bloody task of 
killing two American prisoners, hesitated to do so, the accused struck them with his 
sword and with commands and blows urged them on until they had hacked said 
prisoners to death with their bolos; that he led the forces that burned San Jacinto 
and ruthlessly executed the order to kill the Presidente of Eosario. That the 
accused is guilty of all these crimes in the manner and form as charged, and of con- 
ducting guerrilla warfare in all its wantonly cruel aspects, are not only clearly 
proven, but practically admitted by the accused in the nature of the defense upon 
which he most relied, to wit: That he but obeyed the orders of his superior, Vicente 
Prado. 

In admitting that he was a member of Vicente Prado' s band of outlaws the accused 
also admits his criminal responsibility in all the felonious acts of the individual 
members thereof committed when he was actually present. 

Persons who unite with bands of ladrones or guerrillas and accompany them on 
their armed forays become inlaw participes criminis in all the felonious acts done by 
the individual members of the band with whom they are associated at the time when 
such acts are committed ; and if in the pursuit of their felonious designs any one of 
the band takes a human life each member thereof is, in the eye of the law, guilty of 
murder and subject to the penalty of death. 

In this and like cases the fact clearly appears that it is the consciousness of power 
numbers unlawfully banded together possess which leads to the great majority of 
cases of robbery and murder occurring in the Philippine Islands. Here, under the 
prevailing conditions, a numerous class of professional bandits have with more or 
less immunity from pmiishment terrorized the peaceful communities by their acts of 
robbery and wanton destruction of property and life. In the opinion of the reviewing 
authorit}' no remedy is so well calculated to put an end to these intolerable practices 
as the rigid execution of the laws, both of war and of peace, which alike demand, 
in all cases like that of the accused, the infliction of the death penalty. 

The sentence, which was approved by the Department Commander on October ^4, 
1900, is confirmed, and will be duly executed at the Pueblo of Dagupan. Province of 
Pangasinan, Luzon, P. I., on the thirtieth (30th) day of November, A. D. 1900, under 
the direction of the commanding general. Department of Xorthern Luzon. 

II. Before a military commission which convened at Binalonan, Province of Pan- 
gasinan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters 
Department of Northern Luzon, June 25, 1900, and of which Major Joseph W. Duncan, 
13th U. S. Infantry, was j)resident, and 1st Lieutenant Harvey W. Miller, 13th L. S. 
Infantry, was judge-advocate, was arraigned and tried: 

I. Benito Amansec, a native. 

Charge 1. — "Murder." 

Specification 1. — "In that he, Benito xlmansec, native, at Pozorrubio, Province of 
Pangasinan, Island of Luzon, P. L, territory then, as now, occupied by United States 
troops, on or about December 18, 1899, a time then, as now, of insurrection against 
the lawful authority of the L^nited States, in company of, and consorting with, a band 
of armed outlaws to the number of fiftv, more or less, commanded and led by the 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 343 

said Benito Amansec, did willfully, feloniously and with malice aforethought kill and 
murder Doroteo Bautista, Tomas Venezuela, Mariano de Guzman, and Augustine 
Castillo, natives, by shooting them with rifles held in the hands of members of said 
band, names unknown, inflicting wounds therewith whereof they, the said Doroteo 
Bautista, Tomas Venezuela, Mariano de Guzman, and Augustine Castillo, then and 
there died. This at the place and on or about the time specified." 

Specification 2. — "In that he, Benito Amansec, native, at Pozorrubio, Province of 
Pangasinan, Island of Luzon, P. I., territory then, as now, occupied by United States 
troops, on or about December 21, 1899, a time then, as now, of insurrection against 
the lawful authority of the United States, in company of, and consorting with, a band 
of armed outlaws to the number of fifty, more or less, commanded and led by the 
said Benito Amansec, did willfully, feloniously and with malice aforethought kill and 
murder Joaquin Bautista, native, by shooting him with rifles held in the hands of 
members of said band, names unknown, inflicting wounds therewith whereof the said 
Joaquin Bautista then and there died. This at the place and on or about the time 
specified." 

Specification 3. — "In that he, Benito Amansec, native, did willfully, feloniously and 
with malice aforethought kill and murder Tomas Araos, native, by shooting him, 
inflicting wounds vrhereof he, the said Tomas Araos, then and there died. This at 
or near Pozorrubio, Pro\'ince of Pangasinan, Luzon, P. I., a place then, as now, 
occmDied by United States troops, and on or about December 25, 1899, a time then, 
as now, of insurrection against the lawful authority of the United States." 

Specification 4- — "In that he, Benito Amansec, native, on or about April 10, 1900, a 
time then, as now, of insurrection against the lawful authority of the United States, 
at Xantangalan, a barrio of Pozorrubio, P. L, territory then, as now, occupied by 
United States troops, in company of, and consorting with, a band of armed outlaws 
to the number of seventeen, more or less, commanded and led by the said Benito 
Amansec, did willfully, feloniously and with malice aforethought kill and murder 
Private James Dawson, Company B, 13th L'uited States Infantry, by shooting him 
with a rifle held in the hands of ^Alejandro Galang, native (since deceased), inflicting 
wounds therewith whereof he, the said Private James Dawson, then and there died, 
the order for the murder of the said Private James Dawson having been given by 
the said Benito Amansec in person, and the murder having been committed in his 
presence. This at or about the time and at or near the place specified." 

Charge II. — "Assault with intent to commit murder." 

Specification 1. — "In that he, Benito Amansec, native, at Pozorrubio, province of 
Pangasinan, island of Luzon, P. I., territory then, as now, occupied by L'nited 
States troops, on or about December 18, 1899, a time then, as now, of insurrection 
against the lawful authority of the United States, in company of, and consorting 
with, a band of armed outlaws to the number of fifty, more or less, commanded and 
led by the said Benito Amansec, did willfully, feloniously, and with malice afore- 
thought assault with intent to kill and murder Balerio Arcangel, native of Pozorru- 
bio, P. I., by shooting at him with rifles and by stabbing him near the heart with a 
poniard or other deadly weapon held in the hands of members of said band, names 
unknown, thereby inflicting an apparently mortal wound, whereby the life of the 
said Balerio Arcangel Avas seriously and dangerously jeopardized. This at the place 
and on or about the time specified." 

Charge III. — "Resisting arrest and assaulting his captors with intent to kill or to 
do great bodily harm." 

Specification 1. — "In that he, Benito Amansec, native, and fugitive from justice, 
having been seized by Andres Paragus, Teodorico de la Pena, Lorenzo de Guzman, 
Martin Sisson, Marcelo de la Peiia, Inocencio Mejia, and Francisco Castillo, native 
volunteer soldiers of San Jacinto, P. L, who were duly authorized by the command- 
ing officer of the L^nited States forces at San Jacinto, P. I., to arrest ladrones and 
other like offenders against the law, did draw a revolver and did fire it four times, 
more or less, at the said native volunteer soldiers, with intent to kill or to do great 
bodily harm to them, and thereby effected his escape. This at San Jacinto, province 
of Pangasinan, P. I., a place then, as now, occupied by L^nited States troops, on or 
about June 15, 1900, a time then, as now, of insurrection against the lawful authority 
of the United States." 

Specification 2. — "In that he, Benito Amansec, native, and fugitive from justice, 
when arrested by INIatias Lechica, Juan Cera, Policarpio de Aquino, Benigno Sinin, 
and Silverio Andana, native policemen and headman of ^Nlangaldan, P. I., duly 
authorized to arrest natives accused of crime, did draw a revolver and attempt to 
kill or to do great bodily harm to the said policemen and headman. This at Man- 
galdan, province of Pangasinan, island of Luzon, P. I., a place then, as now, occu- 
pied by the United States troops, on or about July 7, 1900, a time then, as now, of 
insurrection against the lawful authoritv of the United States." 



344 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Charge IV.— "Robbery." 

Specification. — "In that he, Benito Amansec, native, at Pozorrubio, province of 
Pangasinan, island of Luzon, P. 1., a place then, as now, occupied by United States 
troops, on or about December 18, 1899, a time then, as now, of insurrection against 
the lawful authority of the United States, did feloniously and forcibly take from the 
presence of Seiiora Philomena Venezuela, native, about fifty pesos (Mexican coin) 
and a watch, value unknown, the property of the said Philomena Venezuela. This 
at the place and on or about the time specified." 

Pleas. — To the first specification, first charge, "notguilt}^; " to the second speci- 
fication, first charge, "not guilty;" to the third specification, first charge, "not 
guilty;" to the fourth specification, first charge, "not guilty;" to the first charge, 
"not guilty;" to the specification, second charge, "not guilty;" to the second 
charge, "not guilty;" to the first specification, third charge, "not guilty;" to the 
second specification, third charge, "not guilty;" to the third charge, "not guilty;" 
to the specification, fourth charge, "not guilty;" to the fourth charge, "not guilty." 

Findings. — Of the first specification, first charge, "guilt}^;" of the second specifi- 
cation, first charge, "not guilty;" of the third specification, first charge, "not 
guilty;" of the fourth specification, first charge, "not guilty;" of the first charge, 
"guilty;" of the specification, second charge, "guilty," of the second charge, 
"guilty;" of the first specification, third charge, "guilty;" of the second specifica- 
tion, third charge, "guilty;" of the third charge, "guilty;" of the specification^ 
fourth charge, "not guilty;" of the fourth charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Benito Amansec,. 
native, " To be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein. " 

2. Severo Parsan, a native. 

Charge I. — "Forcible abduction." 

Specification. — "In that he, Severo Parsan, a native, at Pozorrubio, province of 
Pangasinan, Luzon, P. I., a place then, as now, under the military authority of the 
United States, on or about December 18, 1899, a time then, as now, of insurrection 
against the authority of the United States, in company of, and consorting with, a 
notorious outlaw, named Benito Amansec, and others, number and names unknown,, 
armed with rifles and bolos, did unlawfully and forcibly seize, bind, and carry away 
from their places of residence the following persons, to wit, Tomas Venezuela, Doro- 
teo Bautista, Joaquin Bautista, Augustine Castillo, and Balerio Arcangel, natives and 
residents of Pozorrubio, P. I. This at the time and place above specified." 

Charge II. — "Assault with intent to kill." 

Specification. — "In that he, Severo Parsan, a native, at Pozorrubio, province of 
Pangasinan, Luzon, P. L, a place then, as now, under the military authority of the 
L^nited States, on or about December 18, 1899, a time then, as now, of insurrection 
against the authority of the United States, in company of, and consorting with, a 
notorious outlaw named Benito Amansec, and others, number and names unknown, 
armed with rifles and bolos, did feloniously and. with malice aforethought assault 
Balerio Arcangel, a native, resident of Pozorrubio, P. I., by shooting at him, the 
said Balerio Arcangel, with rifles held in the hands of the said Severo Parsan and 
others, number and names unknown, and stabbing and cutting him, the said Balerio 
Arcangel, Avith knives and bolos held in the hands of the said Severo Parsan and 
others, number and names unknown, thereby inflicting wounds upon the person of 
the said Balerio Arcangel with intent to kill the said Balerio Arcangel. This at the 
time and place above specified." 

Charge III.— "Murder." 

Specification. — "In that he, Severo Parsan, a native, at Pozorrubio, province of 
Pangasinan, Luzon, P. I., a place then, as now, under the military authority of 
the United States, on or about December 18, 1899, a time then, as now, of insurrec- 
tion against the authority of the L^nited States, in company of, and consorting with, 
a notorious outlaw named Benito Amansec, and others, number and names unknown, 
armed with rifles and bolos, did willfully, feloniously, and with malice aforethought 
murder and kill Tomas Venezuela, Doroteo Bautista, Augustine Castillo, and Mariano 
de Guzman, natives and residents of Pozorrubio, P. I., by shooting them, the said 
Tomas Venezuela, Doroteo Bautista, Augustine Castillo, and Mariano de Cruzmaa, with 
rifles held in the hands of tlie said Severo Parsan and others, number and names 
unknown, and stabbing and cutting them, the said Tomas Venezuela, Doroteo Bau- 
tista, Augustine Castillo, and Mariano de Guzman, with knives or bolos held in the 
hands of the said Severo Parsan and others, number and names unknown, inflicting- 
wounds thereby whereof tlie said Tomas Venezuela, Doroteo Bautista, Augustine 
Castillo, and Mariano de Guzman then and there, or shortly afterwards, died. This 
at the time and place above specified." 



CHARGES OF CRUELTY, ETC., TO FTLIPTNOS. 345 

Pleas. — To the specification, first charge, "not guilty." To the first charge, "not 
guilty." To the specification, second charge, "not guilty." To the second charge, 
' ' not guiltv. ' ' To the specification, third charge, ' ' not guilty. ' ' To the third charge, 
"not guilty." 

Findings. — Of the specification, first charge, "guilty, except the words 'Augustine 
Castillo,' and of the excepted words not guilty." Of the first charge, "guilty." 
Of the specification, second charge, "guilty." Of the second charge, "guilty." Of 
the specification, third charge, "guilty." Of the third charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Severo Parsan, 
native, "To be hung by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the members concurring therein." 

In the foregoing cases of Benito Amansec and Severo Parsan, natives, several eye- 
witnesses testified that these accused were in command of an armed party of outlaws 
which at night time entered Pozorrubio and taking from their homes four unoffend- 
ing men, proceeded at once to kill them by shooting them with rifles until they were 
dead. 

That these accused were present and took an active part in this causeless and inhu- 
man butchery of peaceful men is proven beyond all reasonable doubt. It also appears 
that they were members of a band of outlaws commanded by Vicente Prado, and that 
they were zealous in obeying the orders of that notorious outlaw chief. 

In the case of Benito Amansec, this accused admitted before the commission that 
he was a member of an armed band of men commanded by one Vicente Prado, and 
that the murdered men had been put to death ' ' upon the order of said Prado because 
they had denounced to the (American) garrison at Pozorrubio that he was in the 
mountains at Lapit. ' ' 

In the case of Severo Parsan, so much of the proceedings as finds the accused guilty 
of "forcible abduction," a crime which, when made applicable to men, is unknown 
to either Spanish or American law, is disapproved. 

The sentences which were approved by the department commander in the case of 
Benito Amansec, on September 18, 1900, and in the case of Severo Parsan, on October 
6, 1900, are confirmed and will be duly executed at the pueblo of Pozorrubio, prov- 
ince of Pangasinan, Luzon, P. I., on the fourteenth (14th) day of December, A. D. 
1900, under the direction of the commanding general. Department of Northern Luzon. 

By command of Major-General Mac Arthur: 

S. D. Stuegis, 
Assistant Adjutant-General. 



Headquaeters Division of the Philippines, 

Manila, P. L, December 26, 1900. 
General Orders, No. 150. 

Before a military commission which convened at Baler, province of Principe, 
Luzon, P. I., pursuant to paragraph 5, Special Orders, No. 12.3, Headquarters Depart- 
ment of Northern Luzon, August 29, 1900, and of which Lieutenant-Colonel John H. 
Beacom., 42d Infantry, V. S. Volunteers, was president, and Captain Frank D. Web- 
ster, 20th V. S. Infantry, Avas judge- advocate, was arraigned and tried: Capt. Teodorico 
Novicio. 

Charge. — "Murder, in violation of laws and customs of war." 

Specification I. — "In that Teodorico Novicio, of the insurgent army of the so-called 
Filipino government, did willfully, feloniously, and with malice aforethought kill and 
murder a wounded American sailor, one ^McDonald, ordinar}^ seaman, by burying or 
in person causing the said McDonald to be buried alive, whereof the said IMcDonald 
then and there died. This at or near Baler, Luzon, on or about April 12, 1899, in 
time of insurrection." 

Specification II. — "In that Captain Teodorico Novicio, of the insurgent army of the 
so-called Filipino government, did willfully and feloniously and with malice afore- 
thought, by the use of his military authority, kill and murder a Spanish prisoner, 
one Manuel Rodriguez, by causing and compelling men under his command to shoot 
the said Rodriguez, inflicting wounds whereof the said Rodriguez then and there 
died. This at or near Baler, Luzon, P. I., on or about March 1, 1900, in time of 
insurrection." 

Pleas. — To the first specification, "not ginlty." To the second specification, "not 
guilty." To the charge, "not guilty." 

Findings. — Of the first specification, "guilty, excepting the words 'one ^IcDon- 
ald, ordinary seaman,' substituting therefor the words 'name unknown,' and except- 



346 CHARGES OF CKUELTY, ETC., TO FILIPINOS. 

ing the word 'McDonald' wherever else it occurs in the specification, substituting 
therefor the word 'sailor,' of the excepted words not guilty, and of the substituted 
word guilty." Of the second specification, "guilty, excepting the word 'men,' sub- 
stituting therefor the words 'one Tomas Canillo,' and excepting the word 'shoot,' 
substituting therefor the word 'kill;' of the excepted words not guilty and of the 
substituted word guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Captain Teodorico 
Novicio, "To be hanged by the neck until he is dead, at such time and place as the 
reviewing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case of Teodorico Novicio, a captain in the insurgent forces, a 
single witness relates how, in obedience to the ordene of the accused, he enticed 
Rodriguez from his home and beat him to death with a club, and he produced what 
purports to be a written order of the accused to do this murder. 

A com})arison of the writing and the signature of the accused as they appear in his 
alleged written order to the witness with his letters and signatures known to be gen- 
uine, reveals an unlikeness between them which, while not precluding the possibility 
that the accused wrote the order to kill Rodriguez, yet leaves a strong impression 
that he did not in fact write or sign it. 

The disappearance of the deceased and the unsupported word of his confessed 
murderer is all there is to show that the deceased may not yet be living, no effort 
having been made to verify the presence of the body at the place where the witness 
says he buried it. 

In view of the serious doubts here pointed out, the finding upon the 2d specifica- 
tion is disapproved. 

With respect to the first specification, it is made plain by the testimony that, after 
the fight had by Lieutenant Gilmore, of the Navy, near Baler, four American sailors 
lay on the bank of the Sabaii River, and that the accused and a detachment of 
insurgent soldiers w^ere detailed as a burial party. This party, accompanied by one 
Quicoy, a staff officer of the insurgent chief who commanded the district wherein 
Baler is situated and the forces serving therein, proceeded to where the Americans 
lay and found two dead and two wounded. Four unarmed natives had been com- 
pelled to go along to act as grave-diggers, and these were put to work preparing a 
grave sufficiently large to hold four bodies. The grave being completed, the two 
dead sailors were placed in it, and the partj'' then waited for the wounded to die. 
One of the latter was shot through the thigh; the other was shot in the chest as well 
as in the leg and was near the point of death. The wounded men asked for water 
and it was given them from the river; but beyond this no relief or assistance appears 
to have been given. When the third man died he was placed beside the other two 
in the grave and the party again waited for the fourth man to die. His wound, 
however, was of a kind not necessarily fatal and death was slow in coming, so that 
the party became impatient. The grave-diggers had begun about 9 a. m. and it was 
now past noon. The dying man asked for water, and was able to drink when it was 
given to him. Shortly afterwards he was placed in the grave beside his three com- 
rades, and the native who was standing in the hole began covering him slowly from 
the feet, so as to give him time to die. In this way the body was covered to the neck 
and then the grave-digger called out "What about this man; he is alive yet?" to 
which the accused replied "Go on burying him," and it was done. 

That dissolution was close at hand and the victim nearly, if not quite, unconscious 
is probably true; that he was still alive when the earth w^as finally heaped above his 
head can not be doubted. Some of the party may have thought the sailor was dead, 
but the accused had notice to the contrary, and there is no evidence that he made in 
person, or caused to be made, any examination to ascertain whether the fourth man 
was actually dead when under his orders the burial was completed. 

Although the accused is thus shown to have given commands for the burial of one 
of these sailors while yet alive, it is also shown that the said Quicoy was present as 
the representative of his chief — an officer superior to the accused — and that the lat- 
ter was executing such commands as were given by Quicoy. 

It is recognized that this fact does not operate as a legal defense to relieve the 
accused from responsibility of his acts. An order so inhuman could operate to the 
protection of no one executing it; it can only be considered as affecting in some 
degree the turpitude of the acts of the accused and as indicating that the initiative 
in this crime was not taken by him. 

Under the evidence, there is no reasonable doubt that the last of the four sailors 
placed in the grave was buried alive, and that the accused at least transmitted and 
saw carried out orders to accomplish this result. But for the reasons stated above, 
indicating with reasonable certainty the presence and participation in the crime 
committed of a more active and powerful principal than the accused, the reviewing 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 347 

authority, while confirming the sentence adjudged, is constrained to mitigate the 
extreme penalty imposed to imprisonment at hard labor for life. 

The sentence, as thus mitigated, will be duly executed at the Presidio de Manila, 
to which place the prisoner will be sent under proper guard. 

By command of Major-General Mc Arthur: 

Thomas H. Barry, 
Brigadier General, U. S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., January 24, 1901. 
General Orders, No. 15. 

Before a military commission which convened at Binalonan, province of Pangasi- 
nan, Luzon, P. I., pursuant to paragraph 4, Special Orders, No. 63, Headquarters 
Department of Northern Luzon, June 25, 1900, and of which Major Joseph W. Dun- 
can, 13th U. S. Infantry was president, and 1st Lieutenant Harvy W. Miller, 13th 
U. S. Infantry, was judge-advocate, was arraigned and tried Leon Carig, a native. 

Charge. — ' ' Murder. ' ' 

Specification. — "In that Leon Carig, a native, did willfully, feloniously, and w^ith. 
malice aforethought kill and murder John G. Stanford, private. Company K, 24th 
Infantry, by cutting him, the said John G. Stanford, with a talibone or (bolo) held 
in the hands of said Leon Carig, inflicting wounds therewith whereof the said John 
G. Stanford, private. Company K, 24th Infantry, then and there died. This at or 
near San Vicente, a barrio of Tayug, province of Pangasinan, on or about the 10th 
day of February, 1900, in time of insurrection, and in territory under military 
government. 

Plea.— "Not guilty." 

FiNDiNCx. "Guilty." 

Sentence. — And the commission does therefore sentence him, Leon Carig, a native, 
"to be hung by the neck until he is dead, at such time and place as the reviewing 
authority may direct, two-thirds of the members concurring therein." 

In the foregoing case of Leon Carig, native, no incriminating circumstances appear 
to have fixed suspicion upon the accused; his conviction rests solely upon the testi- 
mony of one native witness, who, after carrying the secret of the murder for two 
wrecks, reported it to the American authorities. According to his testimony he was 
working about two and one-half miles from Santa Maria near a highway when he 
observed four soldiers passing; one of the party being very drunk his comrades left 
him behind, when the accused, seeing his opportunity, killed the drunken soldier 
with a bolo and cast his body into the river. The witness was 200 yards from the 
scene of the murder, screened from view by rice straw, and could clearly distinguish 
the accused, but he also described the wounds inflicted by the accused with a minute- 
ness which, his distance from the scene considered, passes, it is believed, ordinary 
human perception. 

The witness fixes the date positively as "four days before the end of February" or 
sixteen days after the officially reported absence of the missing soldier. None of the 
soldiers who left their drunken comrade behind in the road were called to testify and 
the failure to produce them is not explained of record, nor does the testimony of the 
witness receive the slightest corroboration from any source; on the contrary it is in 
conflict with facts, more or less material, appearing of record. 

In view of the foregoing, the findings and sentence are disapproved. The accused 
will be set at liberty. 

By command of Major-General Mac Arthur: 



Brigadier- General, U.S. Volunteers, Chief of Staff. 



Headquarters Division of the Philippines, 

Manila, P. I., March 7, 1901. 
General Orders, No. 42. 

Before a military commission which convened at Manila, Province of Manila, 
Luzon, P. I., pursuant to paragraph 1, Special Orders, No. 197, Headquarters Depart- 
ment of Northern Luzon, November 14, 1900, and of which Lieutenant-Colonel 



3tl:8 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

George L. Byram, 27th Infantry, U. S. Volunteers, was president, and Captain Charles 
K. Howland, 28th Infantry, U. S. Volunteers, was judge-advocate, were arraigned 
and tried: 

Arcadio de los Santos, Atanacio San Pablo, Dimas de los Santos, Alfonso Reyes^ 
Ciriaco Sandi de los Santos, and Jose Monsod, natives. 

Charge I. — "Murder." 

Specification. — "In that Arcadio de los Santos, Atanacio San Pablo, Dimas de los 
Santos, Alfonso Reyes, Ciriaco Sandi de los Santos, and Jose Monsod, natives, with 
twelve others, more or less, natives, whose names are unknown, on or about Novem- 
ber 3, 1900, then, as now, a time of insurrection against the authority of the United 
States, on the public highway known as the San Juan del Monte road, at a point 
between the pumping station and El Deposito, in Manila Province, Luzon, P. I., a 
place then, as now, under the military government of the United States and within 
the theater of military operations, did wilfully, feloniously, premeditatedly and by 
lying in wait, with malice aforethought, kill and murder one Archibald B. Wilson, 
an Englishman, by shooting him, the said Wilson, with rifles and revolvers, in the 
hands of the said Arcadio de los Santos, Atanacio San Pablo, Dimas de los Santos, 
Alfonso Reyes, Ciriaco Sandi de los Santos, and Jose Monsod, and the said twelve 
other natives, more or less, whose names are unknown, then and there had and held, 
inflicting thereby wounds, whereof he, the said Wilson, then and there died." 

Charge II. — "Robbery." 

Specification. — "In that Arcadio de los Santos, Atanacio San Pablo, Dimas de los 
Santos, Alfonso Reyes, Ciriaco Sandi de los Santos, and Jose Monsod, natives, and 
twelve others, more or less, natives, whose names are unknown, on or about Xovem- 
ber 3, 1900, then, as now, a time of insurrection against the authority of the United 
States, on the public highway known as San Juan del Monte road, at a point between 
the pumping station and El iDeposito, in Manila Province, Luzon, P. L, a place then, 
as now, under the military government of the United States and within the theater 
of military operations, did wilfully, maliciously, and feloniously assault one Archi- 
bald B. Wilson, an Englishman, and did, then and there, with force and violence, 
unlawfully, maliciously, and feloniously steal, take and carry away from the person 
of the said Wilson a large sum of money, the property of the United States, of the 
value to wit, two thousand dollars ($2,000), Mexican currencv, more or less." 

Pleas.— "Not guiltv." 

Findings.— " Guilty." 

Sentence. — And the commission does therefore sentence them, Arcadio de los 
Santos, Atanacio San Pablo, Dimas de los Santos, Alfonso Reyes, Ciriaco Sandi de los 
Santos, and Jose Monsod, natives, and each of them, "To be hanged by the neck, 
until dead, at such time and place as the reviewing authority may designate, two- 
thirds of the members concurring therein." 

In the foregoing case it appears that these accused, Arcadio de los Santos, Atanacio 
San Pablo, Dimas de los Santos, Alfonso Reyes, Ciriaco Sandi de los Santos, and Jose 
Monsod, residing within the lines of the United States forces and one of them being 
employed in the engineer's department, where he acquired information of the date 
and method of paying the employees therein, conspired together to waylay, murder, 
and rob Archibald B. Wilson, a clerk in the department detailedto pay said employees. 

In pursuance of this plot these accused, on November 8, 1900, concealed them- 
selves at a point between the pumping station and El Deposito in Manila Province, 
within the lines of the United States forces, and on the arrival there of Archibald B. 
Wilson en route to the pumping i^tation with some two thousand pesos in his pos- 
session, the property of the United States Government, they sprang out, shot him to 
death, and robbed him of this money. Part of this money was divided among the 
accused, each receiving a portion, but it is alleged that the greater part was handed 
over to one "Captain Guiterras," an alleged chief of a guerrilla band, and the latter 
fact is urged as a mitigation of their crimes. Whether they acted individually or as 
members of this band, the crime is one calling for the death penalty under the laws 
of war. The excessive barbarity of the details of the crime is so revolting as to 
remove these accused from the pale of clemency and sympathy alike, with the single 
exception of the accused Jose Monsod, who appears to have taken a less active part 
in the murder than the others and whose youth raises the question whether, as sug- 
gested by the Department Commander in his recommendation for the mitigation of 
his sentence, he was not influenced by his older companions. 

The sentence, as approved by the Department Commander, is confirmed, and in 
the cases of Arcadio de los Santos, Atanacio San Pablo, Dimas de los Santos, Alfonso 
Reyes, and Ciriaco Sandi de los Santos, will be executed at the city of Manila, Prov- 
ince of Manila, Luzon, P. I., on the twenty-ninth (29) day of March, A. D. 1901, 
under the direction of the Provost Marshall General. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. . 349 

In the case of Jose Monsod the sentence is commuted to imprisonment at hard 
labor for the term of twenty (20) years in the Presidio de Manila, to which place the 
prisoner will be sent under proper guard. 
By command of Major-General Mac Arthur: 

Thomas H. Barry, 
Bririadkr-General, U. S. Volunteers, Chief of Staff . 



Headquarters Division of the Philippines, 

Manila, P. I., May 11, 1901. 
General Orders, No. 94. 

Before a military commission which convened at Iloilo, island of Panay, P. I., 
pursuant to paragraph 2, Special Orders, No. 2, Headquarters Department of the 
Visayas, January 3, 1901, and of which Lieut. Col. Charles J. Crane, 38th Infantry, 
U. S. Volunteers, was president, and Capt. Edwin F. Glenn, 25th U. S. Infantry, 
was judge-advocate, was arraigned and tried Pablo Tabares, a native. 

Charge I. — "Murder." 

Specification 1. — "In that on or about the 18th day of July, 1900, then as now a 
time of insurrection, at or near the pueblo of Cabatuan, island of Panay, P. I., a 
place then, as now, a part of the territory and under the military government of the 
United States, one Pablo Tabares, a native, being then and there occupying and fill- 
ing the office of sergeant of police of the said pueblo of Cabatuan, did willfully, felo- 
niously, and with malice aforethought, incite, move, procure, aid and abet, order 
and command one Eladio Jilarios and one Placido Hebia, natives, and policemen of 
the said pueblo of Cabatuan, to murder and kill one George 0. Hill, private. Com- 
pany H, 18th U. S. Infantry." 

Specification 2. — "In that on or about the 18th day of July, 1900, then as now a 
time of insurrection, at or near the pueblo of Cabatuan, Island of Panay, P. I., a 
place then as now a part of the territory and under the military government of the 
United States, one Pablo Tabares, being then and there occupying and filling the 
position of sergeant of police of the said pueblo of Cabatuan, it having been reported 
to him that one Eladio Jilarios and Placido Hebia, natives, and policemen of the said 
pueblo of Cabatuan, had willfully, feloniously, and with malice aforethought, killed 
and murdered one George 0. Hill, private, Company H, 18th U. S. Infantry, by the 
aforesaid policemen, Eladio Jilarios and Placido Hebia, did receive, harbor, main- 
tain and assist the aforesaid policemen, and did order, command, and direct that all 
knowledge of the aforesaid murder should be sui;)pressed." 

Charge II. — "Arson." 

Specification. — "In that on or about the 14th day of December, 1900, then as now 
a time of insurrection, at or near the pueblo of Cabatuan, island of Panay, P. L, a 
place then as now a part of the territory and under the military government of the 
United States, one Pablo Tabares, native, being then and there filling and occupying 
the position of sergeant of police of the said pueblo of Cabatuan, did willfully, felo- 
niously, and maliciously burn and cause to be burned, one hundred (100) dwelling 
houses, more or less, in the said pueblo of Cabatuan, Island of Panay, P. I." 

Plea.— "Not guilty." 

Finding.— "Guihy." 

Sentence. — And the commission does therefore sentence him, Pablo Tabares, 
native, "to be hung by the neck until dead, at such time and place as the proper 
authority may designate, two-thirds of the commission concurring in the sentence 
of death." 

In the foregoing case of Pablo Tabares. native, the following are the remarks of 
the department commander: 

"It appears that the accused in this case caused two of the policemen of the 
pueblo of Cabatuan to bring to his house an American soldier who, unfortunately, 
was one of weak intellect and strong passions; that, taking advantage of the latter 
fact he caused him to be delayed in his own house for an hour or more, during which 
time he plied him with native drink, in the shape of vino, until he was sufliciently 
intoxicated for his nefarious designs; that he then gave i)ositive orders to these men 
to take this unfortunate American soldier outside of the pueblo and kill him; that 
when these policemen returned and reported their action, it was not only aj^provetl, 
but that he took steps to protect these men from the hands of the law, by sending 
them out to join the insurgents, thereby placing them practically without the juris- 
diction of the American government established in these islands; that he took 
advantage of the situation to the extent that he caused to be placed in the hands of 



350 . CHAKGES OF CRUELTY, ETC., TO FILIPINOS. 

those in open insurrection against the American Government, of which he was at the 
time an officer, the gun, belt, and ammunition of which they had stripped the 
deceased. At no time during the intervening months, while he was still holding office 
as sergeant of police under the American Government, did he make known or 
attempt to make known his knowledge of the crime that had been committed. 
The proceedings, findings, and sentence are therefore approved. 

The sentence is confirmed, and will be duly executed at the pueblo of Cabatuan, 
Island of Panay, P. I., on the 14th day of June, A. D. 1901, under the direction of 
the commanding general. Department of the Visayas. 

By command of Major-General MacArthur: 

Thomas H. Barry, 
Brigadier-General, U.S. Volunteers, Chief of Stuff. 



Headquarters Division of the Philippines, 

Manila, P. I., May 24, 1901. 
General Orders, Xo. 106. 

Before a military commission which convened at Iloilo, island of Panay, P. I., 
pursuant to paragraph 2, Special Orders, No. 2, Headquarters Department of the 
Visayas, January 3, 1901, and of which Lieutenant-Colonel Charles J. Crane, 38th 
Infantry, LT. S. Volunteers, was president, and Captain Edwin F. Glenn, 25th U. S. 
Infantry, was judge-advocate, was arraigned and tried Eladio Jilarios, native. 

Charge. — " Murder. ' ' 

Specification. — "In that on or about the 18th day of July, 1900, then, as now, a 
time of insurrection, at or near the pueblo of Cabatuan, island of Panay, P. I., a 
place then, as now, a part of the territory of the United States and under the mili- 
tary government thereof, one Eladio Jilarios, a native, in company of one Placido 
Hebia, a native, did willfully, feloniously, and with malice aforethought, kill and 
murder one George O. Hill, private, Company H, 18th U. S. Infantry, by then and 
there cutting and stabbing the said George 0. Hill with bolos held in the hands of 
the said Eladio Jilarios and Placido Hebia, natives, and in the hands of each of 
them, then and there inflicting mortal wounds on the body of said George O. Hill, 
private. Company H, 18th U. S. Infantry, to wit, in the neck, stomach, and leg of 
said George O. Hill, from which wounds so inflicted as aforesaid the said Creorge O. 
Hill then and there died." 

Plea.— "Not guilty." 

Finding. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Eladio Jilarios, 
native, "to be hanged by the neck till dead, at such time and place as may be 
directed by the reviewing authority, two-thirds of the military commission concurring 
in the death sentence imposed." 

In the foregoing case of Eladio Jilarios, native, it appears from the record that the 
accused was a policeman of the pueblo of Cabatuan, which was under the govern- 
ment of the L'nited States and the protection of a garrison of its troops; that, mak- 
ing use of his friendly relations with the soldiers of said garrison, he, with other 
members of the police force, treacherously connived at taking advantage of the 
known weaknesses and habits of one of the soldiers to get him drunk and to entice 
him at night into the country to see a woman, with whom he had friendly relations. 
The accused and one companion accompanied the soldier, and, taking a bottle of 
vino with them, succeeded, at a convenient time and place, in getting him help- 
lessly drunk, when they tied his hands, took away his rifle, hacked him to death 
with bolos, robbed his pockets of a few pesos, and, leaving his lifeless body lying on 
the ground, they returned to Cabatuan and reported to the sergeant of police — with 
whom they had conspired — the accomplishment of their crime. Opposed to these 
facts, clearly sustained by the evidence, the accused set up as his sole defense the 
fact that he had acted in obedience to the orders of the presidente. But the evi- 
dence reveals conditions making it unmistakably plain that the accused was under 
no compulsion, and that by refusal his own life would not have been in danger. 

Conceived in treachery and executed in betrayal of official trust, this crime was 
also carried out with such alacrity by the accused that there is left no ground for 
the exercise of clemency. 

The sentence, api^roved by the department commander, is confirmed and will be 
duly executed at the pueblo of Cabatuan, island of Panay, Philippine Islands, on 
the fourteenth (14th) day of June, A. D. 1901, under the direction of the commanding 
general. Department of the Visayas. 

By command of ^lajor-General MacArthur: 

Thomas H. Barry, 
Brigadier- General, U. S. Volunteers, Chief of Staff. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS, 351 

Headquartees Division of the Philippines, 

Manila, P. I., June 5, 1901. 
General Orders, Xo. 112. 

Before a military commission which convened at Iloilo, island of Panay, P. I., 
pursuant toparao:raph 2, Special Orders, No. 2, Headquarters Department of the 
Visayas, January 3, 1901, and of which Lieut. Col. Charles J. Crane, 38th Infantry, 
U. S. Volunteers, was president, and Capt. Edwin F. Glenn, 25th U. S. Infantry, 
was judge-advocate, was arraigned and tried Julian Confesor, a native. 

Charge I. — ''Murder." 

Specification 1. — "In that, on or about the 18th day of July, A. D. 1900, then, as 
now, a time of insurrection, at, or near, the pueblo of Cabatuaii, island of Panay, 
P. I., a place then, as now, a part of the territory and under the military government 
of the United States, one Julian Confesor, being then and there occupying and filling 
the position of presidente of the said pueblo of Cabatuan, did, willfully, feloniously, 
and with malice aforethought, incite, move, procure, aid and abet, order and com- 
mand, one Eladio Jilarios, and one Placido Hebia, natives and policemen of the said 
pueblo of Cabatuan, to murder and kill one George O. Hill, private, Companv H, 
18th U. S. Infantry." 

Specification ,?.^"In that, on or about the 18th day of July, A. D. 1900, then, as 
now, a time of insurrection, at, or near, the pueblo of Cabatuan, island of Panay, 
P. I., a place then, as now, a part of the territory and under the military government 
of the United States, one Julian Confesor, being then and there occupying and filling 
the position of presidente of the said pueblo of Cabatuan, it having been reported to 
him that Eladio Jilarios and Placido Hebia, natives and policemen of the said pueblo 
of Cabatuan, had willfully, feloniously, and with malice aforethought, killed and 
murdered one George 0. Hill, private. Company H, 18th U. S. Infantry, by the 
aforesaid policemen, Eladio Jilarios and Placido Hebia, did receive, harbor, maintain, 
and assist the aforesaid policemen, and did order, command, and direct that all 
knowledge of the aforesaid murder should be suppressed." 

Charge II. — "Being a war traitor." 

Specification!. — "In that, on or about the 20th day of July, A. D. 1900, and at 
divers times and days since that date, then, as now, a time of insurrection, one Julian 
Confesor, a native, being then and there and on said days and dates, presidente and 
vice-presidente and resident of the pueblo of Cabatuan, island of Panay, P. I., a place 
then, as now, a part of the territory and under the military government of the 
United States, did, without the consent of the military government of the United 
States, or any military commander thereof, hold intercourse w^ith the enemy in this, 
that he, the said Julian Confesor, did, then and there, receive from and send letters 
to leaders of the insurgents, to wit, one Martin Delgado and the officers under his 
command." 

Specification 2. — "In that, on or about the 20th day of July, A. D. 1900, then, as 
now, a time of insurrection, one Julian Confesor, a native, being then and there and 
on said (iate, presidente and resident of the pueblo of Cabatuan, island of Panay, 
P. I., a place then, as now, a part of the territory and under the military govern- 
ment of the United States, did send and cause to be delivered to the forces in insur- 
rection against the United States, one (1) Krag-Jorgensen rifle, one (1) belt and 
one hundred (100) rounds of ammunition, more or less, for the same. 

Specification 3. — "In that, on or about the 6th day of December, A. D. 1900, then, 
as now, a time of insurrection, one Julian Confesor, a native, being then and there 
and on said date presidente and resident of the pueblo of Cabatuan, island of Pana}^, 
P. I., a place then, as now, a part of the territory of the United States and under the 
military government of the United States, did then and there send and cause to be 
delivered to leaders of the insurgents a certain letter, cigars, and cigarettes." 

Charge III. — "Aiding and abetting the enemy." 

Specification 1. — "In that, on or about the 2bth day of July, A. D. 1900, and at 
divers times and days since that date, then, as now, a time of insurrection, at or near 
the pueblo of Cabatuan, island of Panay, P. I., a place then, as now, a part of the 
territory and under the military government of the United States, one Julian Con- 
fesor, a native and presidente and vice-presidente of the said pueblo of Cabatuan, 
did, while still holding the aforesaid oflfices, knowingly and willingly become an 
active member of an organization known as the 'Katipunan,' the object of which 
said society is, and was, to aid, assist, and sui)port the insurgent forces then and there 
lieing in rebellion against the lawfully constituted authority of the United States by 
then and there contributing and collecting money, food, clothing, and to])acco for 
the said insurgent forces." 

Sp)ecific(ition2. — "In that, on or about the 20th day of July, A. D. 1900, and at 
divers times and days since that date, then, as now, a time of insurrection, at or near 



352 CHAEGES OF CKUELTY, ETC., TO FILIPINOS. 

the pueblo of Cabatuan, island of Panay, P. I., a place then, as now, a part of the 
territory and under the military government of the United States, one Julian Con- 
fesor, a native and presidente and viee-presidente of the said pueblo of Cabatuan, 
did, while still holding the aforesaid offices, and in violation of his well-known duties 
as such, give and render aid and comfort to the enemy in this: That he did then and 
there solicit and collect money, food, and tobacco from the residents of the aforesaid 
pueblo of Cabatuan and its adjacent barrios, and did thereafter deliver and cause to 
be delivered said money, food, and tobacco to the insurgent forces then and there 
engaged in open rebellion against the lawfully constituted authority of the United 
States." 

Charge IV. — " Violation of the laws of war." 

Specification 1. — "In that, on or about the 3d day of December, A. D. 1900, then, 
as now, a time of insurrection, at or near the pueblo of Cabatuan, island of Panay, 
P. I., a place then, as now, a part of the territory and under the military government 
of the United States, one Julian Confesor, a native and presidente and vice-presidente 
of the said pueblo of Cabatuan, having freely and voluntarily taken and subscribed 
to an oath of allegiance to the United States in words and figures substantially as 
follows, to wit: 

" ^ Juramento de fidelidad. 

" 'CiuDAD DE Cabatuan, Isla de Panay. 

" ' Yo, Julian Confesor, por la presente renuncio d toda sumision a cualquiera de 
y a todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y 
acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; 
y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en 
todo tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas islas y no 
mantendre relaciones directa ni indirectamente con, ni facilitare noticias a, ningun 
enemigo de los Estados Unidos, ni prestare apoyo, ayuda 6 proteccion a semejante 
enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntad, sin 
reservas men tales de ningun genero ni proposito de evadirla y asi Dios me ayude. 

" 'Julian Confesor. 

" 'Firmado y jurado ante mi, hoy dia 3 de Diciembre, 1900. 

" 'Homer B. Grant, 
" "• Second Lieutenant , 26th Infantry, U. S. Volunteers. 
" 'Testigo.' 

"did thereafter, to wit, on or about the 6th day of December, A. D. 1900, and at 
divers other times and days since said date, violate said oath of allegiance by holding 
intercourse with the enemy and holding secret conferences with the leaders of the 
insurgent forces then and there being engaged in open and active rebellion against 
the lawfully constituted authority of the United States." 

Specification 2. — "In that, on or about the 3d day of December, A. D. 1900, then, 
as now, a time of insurrection, at or near the pueblo of Cabatuan, island of Panay, 
P. I., a place then, as now, a part of the territory and under the military government 
of the United States, one Julian Confesor, a native and vice-presidente of the said 
pueblo of Cabatuan, having freely and voluntarily taken and subscribed to an oath 
of allegiance to the United States, in words and figures substantially as follows, to wit: 

" ^ Juramento de fidelidad. 

" 'CiuDAD DE Cabatuan, Isla de Panay. 
" ' Yo, Julian Confessor, por la presente renuncio A toda sumision a cualquiera de y a 
todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y 
acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; 
y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en 
todo tiempo mi conducta serji la de un ciudadano fiel y pacifico de dichas islas y no 
mantendre relaciones directa ni indirectamente con, ni facilitare noticias a, ningun 
enemigo de los Estados Unidos, ni prestare apoyo, ayuda 6 proteccion a semejante 
enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntad, sin 
reservas mentales de ningun genero ni proposito de evadirla y asi Dios me ayude. 

' ' ' Julian Confesor. 

" 'Firmado y jurado ante mi, hoy dia 3 de Diciembre, 1900. 

"'Homer B. Grant, 
^^^ Second Lieutenant, 26th hifantry,lJ. S. Volunteers. 
"'Testigo.' 
did thereafter, to wit, on or about the 14th day of December, A. D. 1900, violate 
said oath of allegiance by then and there and in company with other members of the 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 353 

society known as the "Katipunan" conspiring with the insurgent forces then and 
there Vjeing in open rebellion against the lawfully constituted authority of the United 
States, to burn the aforesaid pueblo of Cabatuan, and did then and there burn and 
cause to be burned the said pueblo of Cabatuan by the members of the police force 
of the said pueblo of Cabatuan." 

Charge Y. — "Arson." 

Specification. — "In that, on or about the 14th day of December, A. D, 1900, then, 
as now, a time of insurrection, at or near the pueblo of Cabatuan, island of Panay, 
P. L, a place then, as now, a part of the territory and under the military government 
of the L'nited States, one Julian Confesor, a native, and on said date being vice- 
presidente of the said pueblo of Cabatuan, did, maliciously and willfullj-, order, 
direct, and cause the police force of said pueblo of Cabatuan, and others, to set fire 
to and burn the dwelling houses in the said pueblo of Cabatuan to the number of 
one hundred (100) more or less." 

Plea.— "Not guilty." 

Finding. — Of the first specification, first charge, "guilty;" of the second specifica- 
tion, first charge, "guilty;" of the first charge, "guilty;" of the first specification, 
second charge, "guilty;" of the second specification, second charge, "guilty;" of 
the third specification, second charge, "not guilty;" of the second charge, "guilty;" 
of the first specification, third charge, "guilty;" of the second specification, third 
charge, "guilty;" of the third charge, "guilty;" of the first specification, fourth 
charge, "guilty," except the words 'and by holding secret conferences with the 
leaders of the insurgent forces,' and of the excepted words, "not guilty;" of the 
second specification, fourth charge, "guilty;" of the fourth charge, "guilty;" of 
the specification, fifth charge, "not guilty;" of the fifth charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Julian Confesor, 
native, "To be hanged by the neck till dead, at such time and place as the reviewing 
authority may direct, two-thirds of the commission concurring in the death sentence 
imposed." 

In the foregoing case it appears that the accused, Julian Confesor, native, while 
holding the respective offices of presidente and vice-presidente of the pueblo of 
Cabatuan, during a portion of which time he was under oath of allegiance to the 
Government, systematically exerted his individual energies and official functions to 
the aid and assistance of the insurgents by supplying them with information, money, 
and needed supplies. General orders were issued by him to the police to abstract 
arms from the American soldiers where opportunity presented itself; to kill Ameri- 
can soldiers where they could be individually isolated from their companions; and 
specifically it is shown that he caused two of the policemen of his pueblo to assassinate 
Private Greorge 0. Hill, 18th U. S. Infantry, and then sent the rifle of the dead 
soldier to the insurgents. 

It further appears that the accused was a member of the Katipunan, and in a 
council of that revolutionary society he agreed to a resolution to burn the pueblo in 
conjunction with an attack to be simultaneously made by the insurgents upon the 
American garrison there stationed, and that, in pursuance of this design, the attack 
was made and the pueblo set on fire, the accused, with the police force at his com- 
mand, aiding therein and in spreading the flames, by which many hundreds of his 
people whom he was appointed to protect and serve were rendered' homeless. 

The magnitude of his crimes and the extreme treachery, bad faith and betrayal of 
official trust with which he planned and executed them, constrain the reviewing 
authority to confirm the sentence, which will be duly executed at the pueblo of 
Cabatuan, island of Panay, P. I., on the 5th day of July, A. D., 1901, under the 
direction of the conunanding general, Department of the Visayas. 

II. Agustin Jiloca, native. 

Charge I. — "Being a war traitor." 

Specification 1. — "In that, on or about the 1st day of August, 1900, and at divers 
times and days since said date, then, as now, a time of insurrection, one Agustin 
Jiloca, a native, being then and there on said days and dates presidente of, and resid- 
ing in the pueblo of Cabatuan, island of Panay, P. I., then, as now, a place occupied 
by the military forces and under the military government of the United States, did, 
without the consent of the military government of the United vStates or any military 
commander thereof, hold intercourse with the enemy, in this, that h.e, the said 
Agustin Jiloca, native, did, then and there, receive from and send letters to and hold 
secret conferences with the leaders of the insurgents. This at the times and places 
mentioned." 

Specification 2. — "In that, on or about the 1st day of August, 1900, and at divers 
times and days since said date, then, as now, a time of insurrection, one Agustin 
Jiloca, native, he, the said Agustin Jiloca, being then and there presidente of, and 

S. Doc. 205, pt 2 23 



354 CHANGES OF CRUELTY, ETC., TO FILIPINOS. 

residing in pueblo of Cabatuan, island of Panay, P. I., then, as now, a place occupied 
by the military forces and under the military government of the United States, did, 
without authority of the military government of the United States, or any military 
commander thereof, hold intercourse with the enemy, in this, that he, the said 
Agustin Jiloca, native, did then and there at the times mentioned, deliver and cause 
t& be delivered to the leaders of the insurgents, certain money, food, and clothing, 
for the use of insurgent forces then and there engaged in insurrection against the 
lawfully constituted authority of the United States. This at the times and place 
xnentioned." 

Charge II. — "Aiding and abetting the enemy." 

Spe.cijication 1. — "In that, on or about the 1st day of August, 1900, one x\gustin 
•Jiloca, a native, was, and since has been, then, as now, a time of insurrection, a 
member and adjutant of the Katipunan of the pueblo of Cabatuan, island of Panay, 
-P. I., a society organized and instituted for the purpose of aiding, assisting, and sup- 
porting insurgent forces then and there in rebellion against the lawfully constituted 
authority of the United States, by then and there contributing money, food, and 
iflothing for said insurgent forces, and said Agustin Jiloca, being then and there and 
at all times mentioned herein above presidente of, and residing in the aforesaid 
pueblo of Cabatuan, island of Panay, P. L, then, since, and now a place occupied 
by the military forces and under the military government of the United States. This 
at the times and place mentioned." 

Specification 2. — "In that, on or about the 1st day of August, 1900, and at divers 
times and days since said date, then, as now, a time of insurrection, one Agustin 
Jiloca, native, he, the said Agustin Jiloca, native, being then and there presidente of, 
and residing in the pueblo of Cabatuan, island of Panay, P. I., a place then, as now, 
occupied by the military forces and under the military government of the United 
States, did, then and there, in violation of his duties as such presidente, give and 
render aid and comfort to the enemy, in this, that he, the said Agustin Jiloca, did, 
then and there, solicit and collect large sums of money and large quantities of rice 
and clothing from the residents of the aforesaid pueblo of Cabatuan and its adjacent 
barrios; and did, afterwards, on or about the days and dates above mentioned, 
deliver and cause to be delivered to the insurgent forces, then and there engaged in 
open rebellion against the lawfully constituted authority of the United States, the 
^aforesaid money, rice, and clothing. This at the times and place mentioned. ' ' 

Charge III.— "Violation of the laws of war." 

Specification 1. — "In that, Agustin Jiloca, native, having on or about the 3d day 
'of December, 1900, then, ever since, and now, a time of insurrection voluntarily taken 
and subscribed to the oath of allegiance to the United States in the words and figures 
substantially as follows, to wit: 

" ^ Jurameiito de fidelidad. 

"'CiuDAD DE Cabatuan, Isla de Panay. 

''^ Yo., Agustin Jiloca, por la presente renuncio a toda submision a cualquiera de 
y a todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y 
acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; 
y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en 
todo tiempo mi conducta serti la de un ciudadano fiel y pacifico de dichas islas y no 
mantendre relaciones directa ni indirectamente con, ni facilitare noticias a, ningiin 
enemigo de los Estados Unidos, ni X-)restare apoyo, ayuda 6 proteccion a semejante 
enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntad, sin 
reservas mentales de ningiin genero ni proposito de evadirla, y asi Dios me ayude. 

" 'Agustin Jiloca. 

^"Firmado y jurado ante mi, hoy dia 3 de diciembre, 1900. 

"'Homer B. Grant. 
^ '' Second Lieutenant, 26th Infantry, U. S. Volunteers. 
^''Testigo: 

"'A. A. Barker, 

^^' Captain, 26th Infantry, U. S. Volunteers. 
" ' Cicero Curand. 

"' ' En Duplicado.' 

"did violate said oath allegiance by afterwards, to wit: On or about the 6th day of 
Decemjjer, 1900, and on divers other days and dates since said date, hold intercourse 
with the enemy, by then and there holding secret conferences with the leaders of the 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 355 

the insurgent forces, an organization engaged in insurrection against the lawfully con- 
stituted authority of the United States, he, the said Agustin Jiloca, native, being 
then and there presidente of and residing in the pueblo of Cabatuan, island of 
Panay, P. I., a place then, ever since, and now occupied by the military forces and 
under the military government of the United States. This at the times and place 
above mentioned." 

Specification 2. — "In that, Agustin Jiloca, native, having on or about the 3d day of 
December, 1900, then, as now, a time of insurrection, taken and subscribed to the 
oath of allegiance to the United States, in words and figures substantially as follows, 
to wit: 

* ' ' Juramento de fidelidad. 

"'ClUDAD DE CaBATUAX, IsLA DE PaXAY. 

" ' Yo, Agustin Jiloca, por la presente renuncio a toda sumision a cualquiera de y 
A todos los titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y 
acepto la autoridad suprema de los Estados Unidos de America en ellas establecida; 
y juro solemnemente guardar verdadera fe y lealtad hacia aquel Gobierno; que en 
todo tiempo mi conducta sera la de un ciudadano fiel y pacific© de dichas islas y no 
mantendre relaciones directa ni indirectamente con, ni facilitare noticias a, ningun 
enemigo de los Estados Unidos, ni prestare apoyo, ayuda 6 proteccion a semejante 
enemigo. Que me impongo esta obligacion de mi libre y espontanea voluntad, sin 
reservas mentales de ningun genero ni jDroposito de evadirla, y asi Dios me ayude. 

' ' 'Agustin Jiloca. 

" 'Firmado y jurado ante mi, hoy dia 3 de diciembre, 1900. 

Homer B. Grant, 
^^'' Second Lieutenant, 26th Infantry, U. S. Volunteers. 
'"A. A. Barker, 

"" Captain 26th Infantry, U. S. Volunteers. 
' ' ' Cicero Cur and. ' 

' ' did violate said oath of allegiance by afterwards, to wit, on or about the 6th day of 
December, 1900, and at divers other times since said date, by then and there collect- 
ing large sums of money from the inhabitants of the pueblo of Cabatuan, island of 
Panay, P. I., and did thereafter, on or about the days mentioned above, deliver and 
cause to be delivered said smns of money so collected as aforesaid to the leaders of 
the insurgents, he the said Agustin Jiloca, native, then and there well knowing said 
leaders of the insurgents to be engaged in insurrection against the lawfully constituted 
authority of the United States, and he, the said Agustin Jiloca, native, being then 
and there presidente of and residing in the pueblo of Cabatuan, island of Panay, 
P. I., a place then, since, and now occupied by the military forces and under the 
military government of the United States. This at the times and place mentioned." 

Charge IV. — "Arson." 

Specification. — "In that, on or about the 14th day of December, 1900, then, as now, 
a time of insurrection, at or near the Pueblo of Cabatuan, Island of Panay, P. I., a 
place then, as now, a part of the territory and under the military government of the 
United States, one Agustin Jiloca, native, then and there filling and occupying the 
position of presidente of the said Pueblo of Cabatuan, did willfully, feloniously and 
maliciously order, direct and cause to be burned in the nighttime one hundred (100) 
dwelling houses, more or less, in the said Pueblo of Cabatuan, Island of Panay, P. I." 

Charge V. — "Murder." 

Specification. — "In that, on or about the 19th. day of July, 1900, then, as now, a 
time of insurrection, at or near the Pueblo of Cabatuan, Island of Panay, P. I., a 
place then, as now, a part of the territory and under the military government of the 
United States, one Agustin Jiloca, native, having been duly informed that Eladio 
Jilarios and Placido Hebia, natives, and each of them, had feloniously, willfully and 
with malice aforethought, murdered and killed one George O. Hill, Private, Company 
H, 18th U. S. Infantry, with bolos held in the hands of the said Eladio Jilarios and 
Placido Hebia, natives, and each of them, did harbor, receive, maintain and protect 
the said Eladio Jilarios and Placido Hebia, natives, and each of them, and did direct 
and cause the knowledge of said murder to be suppressed and withheld from the 
lawfully constituted authorities, well knowing that the said Eladio Jilarios and 
Placido Hebia, and each of them, had feloniously murdered and killed said George 
O. Hill, Private, Company H, 18th U. S. Infantry, in manner and form as aforesaid. " 

Citak(;e VI. — "Being a war rebel." 

Specification. — "In that, on or about the 3d day of December, 1900, then, as now, 
a time of insurrection, at or near the Pueblo of "Cabatuan, Island of Panay, P. I., a 



356 CHAKGES OF CEUELTY, ETC., TO FILIPINOS. 

place then, as now, a part of the territory and under the miUtary government of the 
United States, one Agustin Jiloca, a native, and presidente of said Pueblo of Caba- 
tuan, having freely and voluntarily taken and subscribed to an oath of allegiance to 
the United States, in words and figures substantially as follows, to-wit: 

" ^ Juramento de Fidel idad. 

" * Ciudad de Cabatuan, Isla de Paxay. 

" ' Yo, Agustin Jiloca, por la presents renuncio a toda sumision a cualquiera de y 
a todos titulados gobiernos revolucionarios en las Islas Filipinas, y reconozco y acepto 
la autoridad suprema de los Estados Unidos de America en elias establecida; y juro 
solemn emente guardar verdadera fe y leal tad hacia aquel Gobierno; que en todo 
tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas islas y no man- 
tendre relaciones directa ni indirectamente con, ni lacilitare noticias a ningiin enemigo 
de los Estados Unidos ni prestare apoyo, ayuda 6 proteccion a seme j ante enemigo. 
Que me impongo esta obiigacion de mi libre y espontanea voluntad, sin reservas 
mentales de ningun genero, ni proposito de evadirla, y asi Dios me ayude. 

" 'Agustin Jiloca. 

" 'Firmado y jurado ante mi, hoy 3 de Diciembre, 1900. 

" 'Homer B. Graxt. 
" ^Second Lieutenant, 26th Infant ry, U. S. Volunteers. 
"'Testigo.' 

did thereafter, to-wit: on or about the 14th day of December, 1900, while still 
presidente of and resident in said Pueblo of Cabatuan, then, as now, occupied by the 
military forces of the United States, conspire with certain other members of a society 
known as the Katipunan and officials of the said Pueblo of Cabatuan, and with cer- 
tain persons in open insurrection against the United States, to rise up in arms against 
the authorities of the United States, and to then and there, and in conjunction with 
the police force of the said Pueblo of Cabatuan, and with said forces in insurrection 
against the United States, to surround and capture the garrison of American soldiers 
then and there stationed." 

Plea.— "Xot guilty." 

FiXDiXG. — Of the first specification, first charge, "guilty;" of the second specifica- 
tion, first charge, "guilty;" of the first charge, "guilty;" of the first specification, 
second charge, "guilty;" of the second specification, second charge, "guilty;" of 
the second charge, "guilty;" of the fii-st specification, third charge, "guilty, except 
the words, 'by then and there holding secret conference with the leaders of the 
insurgent forces,' and of the excepted words, not guilty;" of the second specifica- 
tion, third charge, "guilty, except the words 'said sums of money so collected as 
aforesaid,' substituting therefor the words 'supplies;' of the excepted words, not 
guilty, and of the substituted words, guilty;" of the third charge, "guilty;" of the 
specification, fourth charge, "guilty;" of the fourth cliarge, "guilty;" of the speci- 
fication, fifth charge, "guilty, except the words 'harbor, receive, maintain, and,' and 
of the excepted words, not guilty;" of the fifth charge, "guilty;" of the specifica- 
tion, sixth charge, "guilty;" of the sixth charge, "guilty." 

Sextexce. — And the commission does therefore sentence him, Agustin Jiloca, 
native, "to be hanged by the neck until dead, at such time and place as may be di- 
rected by the reviewing authority, two-thirds of the military commission concurring 
in the death sentence imposed." 

' In the foregoing case the following are the remarks of the department commander 
thereon: 

"In the foregoing case of Agustin Jiloca, native, it appears that when one of the 
cabezas of the pueblo reported to him the murder of an American soldier by mem- 
bers of the police force of the town of Cabatuan, of which he was a principale, 
he took advantage of every means in his power to prevent the information of this 
crime from reaching the American authorities and to shield the criminals from jus- 
tice; that thereafter he accepted appointment and was duly installed as presidente 
of the pueblo of Cabatuan, early in the month of August, 1900; that thereafter he 
directecl the collection of supplies of money, rice, food, etc., for those who were 
known to be in insurrection against the United States; that he caused the contribu- 
tions and purchases made therefrom to be sent and delivered to the commanding 
officer of the troops of insurrection against the lawfully constituted authority of the 
United States, and that this practice was continued up to the time he voluntarily 
took the oath of allegiance with the cabezas, ofiiciales, and principales of the pueblo 
on the 3d day of December, 1900, and after that time the delivery of rice was cer- 
tainly continued. 



CHAEGES OF CRUELTY. ETC. . TO FILIPINOS. 357 

•"'It appeal's conclusively that after December 3. 1900. the accused, with a number 
of other members of the Katipunan society, deliberately planned and assisted in the 
bm-ninsT of the pueblo of Cabatuan, which was at that time, and for a long time pre- 
vious thereto had been, occupied by the American troops; that in addition this same 
society, on the same date that it agreed to bum the town, also planned, and the 
accused, in conformity with that plan, directed the members of the police force of the 
town to coofjerate with the insurgents not only in the burning of the town, but also 
in their endeavor to overcome the American garrison. 

•"The foregoing facts seem to be clearly established, and constitute such a glaring 
%iolation of the laws of war that this accused must be presumed to have known of 
them. 

''The proceedings, finrlings, and sentence are therefore approved." 

The sentence is confirmed, and will be duly executed at the pueblo of Cabatuan, 
Island of Panay. P. I., on the 5th day of July. A. D. 1901. under the direction of the 
commanding general. Department of the Visayas. 

By command of Major-General 3Iac Arthur: 

Thomas H. Barry, 
Brigadier-General, U. S.VfAunteers, Chief of Staff. 



Headquarters Division of the Philippines. 

Manila , P. I.. Jahj 13. 1901. 
General Orders, Xo. 171. 

Before a military commisvsion which convened at San Fernando de la Union, Luzon, 
P. I.. p>ursuant to paragraph 2, Special Orders. Xo. 15S, Headquarters Department of 
Xorthem Luzon. October 3. 1900. and. of which Lieut. Col. Samuel M. Swigert. 13th 
U. S. Cavalry, was president, and Maj. Charles F. Keiifer, surgeon, 4Sth Infantry, 
U. S. Volunteers, was judge-advocate, was arraigned and tried Simplicio Cieronilla, 
native. 

Charge. — " Murder in violation of the laws of war.'' 

Speciiicotion. — '"In that SimpUcio Cieronilla. native, of Bangar. Union Province, 
while li^'ing under the protection of the United States mihtary government as an 
'amigo,' was present and did act as leader of an armed band which fired upon a 
detachment of Troop C, 3il Cavalry, which was commanded by Sergeant Davis, same 
troop, and did. with the guns held in the hands of the members of the said band, 
willfully, feloniously, and with malice aforethought, murder and kill Privates Ben- 
son and Barry. Troop C, 3d Cavalry, members of the said detachment, by shooting 
said Benson and Barry, inflicting wounds whereof said Benson and Barry then and 
there died. This at or near Sodipen. Bansrar, Union Pro\'ince. on or about Jan. 12, 
1900." 

Plea. — "' Not guilty." 

FixDixG. — " CTiiilty." 

Sentence. — And the commission does therefore sentence him, Simphcio CTeronilla, 
native, " To be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing case it appeai-s that the accused, Simplicio Geronilla, native, 
while residing in territory occupied by the United States Government, was present 
with insurgent troops durmg an engagement between them and some American 
troops. In this engagement two American soldiers were killed by the fire of the 
insurgent soldiers. The accused was not armed. On these facts the accused is 
charged with and found guilty of murder. 

The finding can not logically l>e sustained. The killing of the deceased soldiers in 
an engagement with a regular detachment of the public enemy is not murder, but a 
natural consequence incidental to a state of war. It is not contended that the 
accused himself did the killing, and as these American soldiers fell in battle, accused 
can not be guilty of their murder. He could only be so held on the theory that he was 
one of a band combined together for the commission of murder, which theory does 
not meet the facts proven. The accuse*:! is dou>)tless guilty, and could have been 
convicted of being a war traitor, in that while Uving within the lines of United States 
occupation, he aided and abetted the enemy, but for this offense he was not tried, 
and the reviewing authority may not substitute one finding for another. 

The sentence is, therefore, disapproved and the accuse<I. Simplicio Goronilla, will 
l^e set at lil^erty. 

By command of Major-General Chaffee: 

Thomas H. Barry, 
Assistant Adjutard-General. 



358 CHAEGES OF CRUELTY, ETC., TO FILrPINOS. 

Headquarters Divisiox of the Philippines, 

Manila, P. I., July 22, 1901 
General Orders, No. 187. 

Before a military commission which convened at Iloilo, Panay, P. I., pursuant to 
paragraph 3, Special Orders, No. 70, Headquarters Department of the Yisavas, March 
16, 1901, and of which Lieut. Col. Charles J. Crane, 38th Infantry, U. S. Volunteers, 
was president, and Capt. Edward F. (xlenn, 25th U. S. Infantry, was judge-advocate, 
was arraigned and tried Damascio Biating, native. 

Charge. — "Murder." 

Specification. — "In that on or about the 17th day of August, A. D. 1900, then as 
now a time of insurrection, at or near the pueblo of Baratoc Nuevo, island of Panay, 
P. I., a place then as now occupied by the military forces and under the military 
government of the United States, one Damascio Biating, a native, consorting with 
divers other persons, names and numbers unknown, did, willfully and feloniously, 
with malice aforethought, murder and kill one James T. Burgey, private, Company 
C, 26th Infantry, LT. S. Volunteers, by then and there cutting and stabbing the said 
James T. Burgey with a sharp instrument commonly called a dagger, held in the 
hands of the said Damascio Biating and his confederates, then and there in the man- 
ner aforesaid inflicting wounds upon the body of the said James T. Burgey from the 
effects of which wounds so inflicted as aforesaid the said James T. Burgey then 
and there died." 

Plea. — To the specification, "guilty;" to the charge, "guilty." 

Additional charge. — "Murder." 

Specification. — " In that on or about the 29th day of August, 1900, then as now a 
time of insurrection, at or near Tuburan, pueblo of Baratoc Nuevo, island of Panay, 
P. I., a place then as now under the military occupation and government of the 
United States, one Damascio Biating, in company of and consorting with Carlos Asis 
and Francisco Berja, natives, did, willfully, feloniously, and with malice aforethought, 
kill and murder one Gervacio Besas, native, by then and there striking and cutting 
the said Gervacio Besas on the face, neck, and body with a sharp instrument com- 
monly called a bolo held in the hands of the said Damascio Biating, native, and in 
the hands of his said confederates, then and there and in the manner aforesaid 
inflicting wounds upon the body of the said Gervacio Besas, native, from the effects 
of which said wounds so inflicted as aforesaid the said Gervacio Besas, native, then 
and there died." 

Plea. — To the specification, additional charge, "not guilty;" to the additional 
charge, "not guilty." 

Finding. — Of the specification, "guilty;" of the charge, "guilty;" of the specifi- 
cation, additional charge, "guilty, excepting the word 'and,' which occurs immedi- 
ately after the words 'said Damascio Biating, native,' and immediately before the 
words 'in the hands of,' substituting therefor the word 'or,' of the excepted word, 
not guilty, of the substituted word, guilty;" of the additional charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Damascio Biating, 
native, "To be hanged by the neck until dead at such time and place as the review- 
ing authority may designate, two-thirds of the members of the military commission 
concurring in the death sentence." 

In the foregoing case it appears that this accused, Damascio Biating, native, about 
August 17, 1900, with one or more companions, assassinated with daggers. Private 
T. Burgey, Company C, 26th Infantry, L". S. Volunteers, while the latter was acting 
as a guard of prisoners hauling water for the garrison stationed at Baratoc Nuevo, 
Panay. It also appears that the accused participated in a similar assassination of a 
native, Gervacio Besas, August 29, 1900. 

To the first charge accused pleadedguiltyand the evidence fully sustains the charge, 
and also the second charge. 

Accused claims to have been a regular insurgent soldier, operating against L'nited 
States troops, of which Private Burgey was one, and to have been acting under the 
orders of his superiors. Opposed to this plea is the fact that he was within the Amer- 
ican lines ununiformed and disguised as a pacifico. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at Baratoc Nuevo, Panay, P. I., on the sixth (6th) day of September, 
A. D. 1901, under the direction of the commanding general. Department of the 
Visayas. 

Bv command of IMajor-General Chaffee: 

W. P. HaLL, 
Aii^istant Adjutant-General. 



CHARGES OF CRUELTY, ETC., TO FILIPII^OS. 359 



Headquarters Division of the Philippines, 

Manila, P. I. , July 25, 1901. 
General Orders, No. 194. 

Before a military commission which convened at Laoag, province of Ilocos Xorte, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 98, Headquarters Depart- 
ment of Northern Luzon, April 10, 1901, and of which Maj. Alfred Reynolds, 20th 
L^. S. Infantry, was president, and First Lieut. George H. Estes, 20th U. S, Infantry, 
was judge-advocate, were arraigned and tried: Sotero Calingao and Santos Aposto 
Rumbaoa, natives. 

Charge. — "Murder." 
. Specification. — "In that Sotero Calingao and Santos A. Rumbaoa, natives, and each 
of them, on or about December 31, 1900, at or near the sitio of Dutdut, barrio of 
Colo, jurisdiction of Batac, pro\^nce of Ilocos Xorte, P. I., in territory then as now 
occupied by United States troops and at a time then as now of insurrection against 
the lawful authority of the United States, did, in company of and consorting with a 
band of armed outlaws, names and numbers unknown, wilfully, feloniously, and 
with malice aforethought, kill and murder Private Eugene R. Lyons, Co. K, 5th 
Infantry, by cutting or stabbing the said Lyons with a bolo or bolos, held in the 
hands of members of said band, inflicting wounds therewith whereof the said Lyons 
then and there died. This at the times and places above specified." 

Plead.— "Not guilty." 

Findings. — Of the specification: "Guilty, except the words 'Private Eugene R. 
Lyons, Co. K, 5th Infantry,' substituting therefor 'an American soldier,' and except- 
ing the words 'said Lyons,' substituting therefor 'said soldier,' of the excepted 
words, not guilty, and of the substituted words, guilty." Of the charge: "Guilty," 

Sentence. — And the commission does therefore sentence them, Sotero Calingao 
and Santos Aposto Rumbaoa, natives, and each of them, "to be hung by the neck 
till dead, at such time and place as the reviewing authority may direct, two-thirds 
of the members of the commission concurring therein." 

In the foregoing case it appears that these accused, Sotero Calingao and Santos A. 
Rumbaoa, in company of other natives, did, at barrio Colo, Batac, Ilocos Norte, 
entice aw^ay an American soldier to an isolated place, there kill him with bolos and 
bury his body on the spot. 

No reasonable doubt as to the guilt of those accused arises from the record, and na 
denial or explanation is offered by them. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Batac, province of Ilocos Norte, Luzon, P. I., on the sixth (6th) 
day of September, A. D. 1901, under the direction of the commanding general.. 
Department of Northern Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- GeneraL 



Headquarters Division of the Philippines, 

Manila, F. I., July 31, 1901. 
General Orders, No. 198. 

Before a military commission Avhich convened at San Fernando de la Union,, 
Luzon, P. I., pursuant to paragraph 2, Special Orders, No. 158, Headquarters Depart- 
ment of Northern Luzon, October 3, 1900, and of which Lieut. Col. Samuel M.. 
M. Swigert, Thirteenth U. S. Cavalry, was president, and Maj. Charles F. Kieffeiv 
surgeon, Forty-eighth Infantry, U. S. Volunteers, was judge-advocate, were arraigned 
and tried: 

I. Luis Lopez, Gregorio Omaga, Felipe Carino y Barmachea, and Jacinto Abad, 
natives. 

Charge. — "Murdering American prisoners in violation of the laws of war." 

Specification 1. — "In this that they, Luis Lopez, corporal, and Gregorio Omaga, 
Jacinto Abad, Felipe Carino y Barmachea, members of the insurrecto company of 
Fortunato Gaerlan, charged with the duty of escorting an American ])risoner, Sullivan, 
from Dercas to Bugbugcao, did upon the prearranged signal, given by the said 
Corr)oral Luis Lopez, murder the said American prisoner Sullivan, with bayonets held 
in the hands of Gregorio Omaga, Jacinto Abad, Felipe Carino y Bariirachea, and 
Dionisio Corpus, members of the said escort." "This at or near the Rancheria Sabed, 
Union Province, Luzon, P. I., on or about March, 1900." 

Specification 2. — "In this that they, Luis Lopez, corporal, and Gregorio Omaga, 
Jacinto Abad, and Felipe Carino y Barmachea, soldiers (^f the insurrecto company 
of Fortunato Gaerlan, being charged with the duty of escorting an American pris- 



360 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

oner, James L. Husketh, Company H, Twenty-ninth Infantry, U. S. Volunteers, 
from Dercas to Bugbugcao, did, upon the prearranged signal, given by the said 
Corporal Luis Lopez, murder the said American prisonei', James L. Husketh, Com- 
pany H, Twenty-ninth Infantry, U. S. Volnnteers, with bayonets held in the hands 
of Gregorio Omaga and Jacinto Abad and Felipe Barmachea and another, name 
unknown, members of the above mentioned escort, and by shooting him with a 
gun hehl in the hands of the said Luis Lopez, corporal of the escort." 

"This at or near Eancheria Sabecl, Union Province, Luzon, P. L, on or about the 
month of March, 1900." 

Pleas.— "Not guilty." 

Findings. — Of the first speciti cation, "guilty ;" of the second specification, "guilty, - 
except the words, 'another, name unknown,' substituting therefor, ' Dionisio Cor- 
pus;' of the excepted words, not guilty; of the substituted words, guilty;" of the 
charge, "guilty." 

Sentence. — And the commission does therefore sentence them, Luis Lopez, Gre- 
gorio Omaga, Felipe Carino y Barmachea, and Jacinto Abad, natives, and each of 
them "to be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the commission concurring therein," 

11. Dionisio Corpus, native. 

Charge. — "Murdering American prisoners in violation of the laws of war." 

Spcrificdfion J. — "In this that they, Luis Topez, Gregorio Omaga, Jacinto Abad, 
Dionisio Corpus, and Felipe Carino y Barmachea, members of the insurrecto com- 
pany of Fortunato Gaerlan, charged with the duty of escorting an American prisoner, 
Sullivan, from Dercas to Bugbugcao, did, upon the prearranged signal given by the 
said Corporal Luis Lopez, murder the said American prisoner, Sullivan, with bayo- 
nets held in the hands of Gregorio Omaga, Dionicio Corpus, Felipe Carino y Bar- 
machea, and Jacinto Abad, members of the said escort." "This at or near the 
Rancheria Sabed, Province of Union, Luzon, P. I., on or about March, 1900." 

Speciiicatiou 2. — "In this that they, the said Luis Lopez, corporal, and Gregorio 
Omaga, Jacinto Abad, Felipe Carino y Barmachea, and Dionicio Corpus, soldiers of 
the insurrecto con:ipany of Fortunato Gaerlan, being charged with the duty of escort- 
ing an American prisoner, James L. Husketh, Company H, Twenty-ninth Infantry, 
U. S. Volunteers, from Dercas to Bugbugcao, did, upon the prearranged signal given 
by the said Corporal Luis Lopez, murder the said American prisoner, James L. 
Husketh, Company H, Twenty-ninth Infantry, U. S. Volunteers, with bayonets 
held in the hands of Gregorio Omaga, Felipe Carino y Barmachea, Jacinto Abad, 
Dionicio Corpus, members of the above mentioned escort, and by shooting him with 
a gun, held in the hands of the said Luis Lopez, corporal of the said escort." "This 
at or near the Rancheria of Sabed, Province of L^nion, Luzon, P. I., on or about the 
month of March, 1900." 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Dionicio Corpus, 
native, " To be hanged by the neck until dead, at such time and place as the review- 
ing authority may direct, two-thirds of the commission concurring therein." 

In the foregoing cases it appears that these accused, Luis Lopez, Gregorio Omaga, 
Felipe Carino y Barmachea, Jacinto Abad, and Dionicio Corpus, natives, were regu- 
lar insurgent soldiers in the field and forming part of a command on the march retir- 
ing before the approach of the American troops; that they were acting as guard over 
two American prisoners, (jeorge B. Sullivan, a civilian, and Private James L. 
Husketh, of Company H, 29th Infantry, U. S. Volunteers, when they received orders 
that, at a prearranged signal — the lifting of a cap of a corporal of the guard march- 
ing in front — they should, with their ba^'onets, run the prisoners through the body 
from behind. These orders were given by their commanding officer, a lieutenant of 
insurgents, and were executed in his presence; and for this violation of the laws of 
war he is now awaiting the execution of the sentence of death. 

The circumstances show that these accused acted under the eye or in the near 
l)resence of their commanding officer, with no opportunity to appeal to higher 
authority, and with no other alternative than mutinous disobedience of positive 
orders, for which they would be lial:)le, under the military customs of the insurgent 
forces, to immediate summary execution. If taking the life of another person is ever 
justifiable under duress, the elements of such justification are here present. Certain 
it is that the criminal elements of felonious intent and malice aforethought are 
lacking in the case of the prosecution. 

The sentences are therefore disapproved. These accused will be set at liberty. 

Bv connnand of Major-General Chaffee: 

W. P Hall, 
A^sistcmt Adjutant- General. 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 361 

Headquarters Division of the Philippines, 

Manila, P. L, July 31, 1901. 

General Orders, No. 201. 

Before a military commission which convened at ^Manila, P. I., pursuant to para- 
graph 6, Special Orders, Xo. 126, Headquarters Provost Marshal-General (Separate 
Brigade, Provost Guard), June 3, 1901, and of which Lieut. Col. Robert W. Leonard, 
Twenty-eighth Infantry, \]. S. Volunteers, was president, and First Lieutenant 
George P. Whitsett, Thirty-second Infantry, U. S. Volunteers, was judge-advocate, was 
arraigned and tried Patrick Cunningham, a civiUan. 

Charge. — " Murder. ' ' 

Specification. — "In that he, Patrick Cunningham alias 'Happy,' on or about the 
20th day of March, 1901, a time then as now of insurrection against the lawful 
authority of the L^nited States, at ^Manila, Luzon, P. I., a place then as now occupied 
by the troops of the United. States, did feloniously, wilfully, and with malice afore- 
thought kill and murder one Joseph J. Follen by thrusting and forcing him, the said 
Joseph J. Follen. into the river Pasig, wherein there was a great quantity of water, 
by reason of which thrusting and forcing of him, the said Joseph J. Follen, into the 
said river and water he, the said Joseph J. Follen, was then and there mortally 
choked, suffocated, and drowned." 

Plea. — "Xot suiltv." 

Finding.—' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Patrick Cunning- 
ham alias "Happy," "To be confined at hard labor for the term of his natural life in 
such place as the reviewing authority may direct." 

In the foregoing case it appears that the accused, Patrick Cunningham, on the 
evening of 3Iarch 20, 1901, boarded the Cavite ferryboat, then laid up for the night 
and moored to the quay on the water front of Manila, for the purpose of sleeping 
there. He was followed by Joseph J. Follen, a metropoliran policeman, who placed 
him under arrest ,for vagrancy. As they were both passing over the gang plank the 
accused deliberately and intentionally pushed Follen into the Pasig River, where he 
was drowned. 

The sentence, approved by the convening authority, is confirmed, and will be duly 
executed at the Presidio de Manila, to which place the accused, Patrick Cunning- 
ham, will be sent under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., August 22, 1901. 
General Orders, No. 232. 

Before a military commission which convened at San Isidro, Province of Xueva 
Ecija, pursuant to paragraph 3, Special Orders, Xo. 171, Headquarters Department 
of Northern Luzon, October 17, 1900, and of which Captain Erneste V. Smith, 4th 
U. S. Infantry, was president, and 1st Lieutenant Richard C. Day, 34th Infantry, 
U. S. Volunteers, was judge-advocate, was arraigned and tried Catilino Ortis Luis, a 
native. 

Charge I. — "Assault and battery with intent to commit murder." 
Specification. — "In that one Catilino Ortis Luis, a native, on or about the 15th day 
of March, 1900, then as now a time of insurrection, at or near the barrio of San 
Fernando, pueblo of Cabiao, Province of Xueva Ecija, P. I., a j^lace then as now in 
the theatre of active military operations, in company with Macario Estrella, Santiago 
Tiglao, and other natives, to the number of three, more or less, names unknown, all 
armed outlaws engaged in guerrilla warfare and dressed as peaceful peasants of the 
country, did wilfully, feloniously, and with malice aforethought and with the intent 
and present ability to kill and nmrder one Charles W. Ray, a sergeant of Company 
I, 22d r. S. Infantry, assault and torture the said Ray by stabbing, striking, and 
cutting the said Ray with sundry and divers deadly weapons, commonly called bolos, 
held in the hands of members of said band, and by striking and beating said Ray 
with a club commonly known as a rice pounder, held in the hands of members of 
the said band, names unknown, inflicting with said wea])ons numerous painful and 
dangerous wounds uj^on the ])ody, head, and arms of said Ray, and did continue to 
cut, stab, and wound said Ray and to menace and torture him, said Ray, after he, 
said Ray,^ had fallen helpless to the ground, until they, said Catilino 'Ortis Luis, 
Macario Estrella, and other members of said band, names unknown, were frightened 
away by the approach of American troops. This at the time and place al)Ove stated." 



362 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Char(;e II.— "Abduction." 

Specification. — "In that he, Catilino Ortis Luis, a native, did, on or about the 16th 
day of April, 1900, then as now a time of insurrection, at or near the barrio of 
Cabiao, town of San Isidro, in the Province of Nueva Ecija, P. 1., then as now in 
the theatre of active military operations, acting and in company with a band of 
armed outlaws, names unknown, to the number of eleven, more or less, feloniously 
seize, put in fear, and conduct away against their will and consent. Francisca Tobias, 
Paulita Tobias, and Francisca Magna, native women, and did keep said women in 
captivity for the space of about two davs. This at the time and place stated." 

Charge III.— "Robbery." 

Specification. — "In that he, Catilino Ortis Luis, a native, did, on or about the 16th 
day of April, 1900, then as now, a time of insurrection, at or near the barrio of 
Calaboa, town of San Isidro, in the Province of Nueva Ecija, P. I., then, as now, in 
the theatre of active military operations, acting and in company with a band of 
armed outlaws, names unknown, to the number of eleven, more or less, feloniously 
and forcibly take from the presence of Francisca Tobias, Paulita Tobias, and Fran- 
cisca Magna, native women, a large sum of money, value not known, of the personal 
property of said women. This at the time and place above stated." 

Charge lY. — "Treachery, in violation of the laws of war." 

Specification. — "In that he, Catilino Ortis Luis, a native, being on and for a long 
time before and after the 17th day of January, 1901, a member and the leader of a 
band of native outlaws, names unknown, numbering five, more or less, armed with 
three guns and one revolver, more or less, and waging guerrilla warfare against the 
United States of America, in the vicinity of the pueblo of Cabiao, Province of Nueva 
Ecija, P. I., said guns and revolvers being then and there in the keeping of other 
members of said band, but within the personal knowledge, direction, and control of 
said Catilino Ortis Luis, did knowingly, falsely, and treacherously, and with intent 
to deceive, voluntarily present himself to and take before First Lieut. Raymond 
Sheldon, 22d U. S. Infantry, summary court officer, at the pueblo of San Isidro, 
P. I., the following oath of allegiance to the United States of America, to wit: 

^'Juramento de Fidelidad. 

"San Isidro, Nueva Eci.ja, 

"IsLA DE Luzon. 

" Yo, Catilino Ortis Luis, por la presente, renuncio a toda sumision a cualquiera de 
y a todo los titulados gobierno revolucionario en las Islas Filipinas, y reconosco y 
acepto la autoridad suprema de los Estados Unidos de America en ellas establecida y 
juro solemnemente guardar verdadera fey lealtad hacia aquel Gobierno; que en todo 
tiempo mi conducta sera la de un ciudadano fiel y pacifico de dichas Islas y no man- 
tendra relaciones directa ni indirectimente con, ni facilitare noticias a, ningun ene- 
migo de los Estados Unidos, ni prestare apoyo ayuda 6 proteccion a semejante 
enemigo. Que me impongo esta obligacion, de mi libre y espontanea voluntad, sin 
reservas mentales de ningun genero ni proposito de evadieria y asi Dios me ayude. 

" Catilino Ortis Lais. 

" Firmado y jurado ante mi, hoy dia 17 de Enero, 1901." 

and did then and there with the further felonious and treacherous intent to deceive 
said Lieutenant Sheldon, surrender to him, said Lieutenant Sheldon, one Remington 
rifle as being all the arms in his possession, control, or direction, and within his per- 
sonal knowledge, said Catilino Ortis Luis, then and there and ever afterward con- 
cealing and withholding from said Lieutenant Sheldon the facts that he, said Catilino 
Ortis Luis, was then and there still a member and the leader of said ]>and of outlaws 
and that he, said Catilino Ortis Luis, so still knew and had the direction and control 
of said three remaining guns and one revolver, more or less, in the keeping of said 
band, in addition to the one Reminirton rifle, vrhich he, the said Catilino Ortis Luis, 
had so surrendered to said Lieutenant Sheldon, as aforesaid. This at the time and 
place above stated." 

Plea.— "Not guilty." 

Findings. — Of the specification, first charge, "guilty;" of the firstcharge, "guilty;" 
of the specification, second charge, "guilty;" of the second charge, "guilty;" of the 
specification, third charge, "guilty;" of the third charge, "guilt}";" of the specifi- 
cation, fourth charge, "not guilty;" of the charge, "not guilty." 

Sentence. — And the commission does therefore sentence him, Catilino Ortis Luis, 
" to be confined at such place as the reviewing authority may direct at hard labor for 
the period of tAventy years." 

In the foregoing case of Catilino Ortis Luis the commission has fallen into error of 
law in so far as the first charge is concerned, in admitting an alleged confession of 



CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 363 

accused without first requiring the prosecution to show that the confession was vohm- 
tary, and, second, without first requiring prima facie proof of the fact that a crime 
had been committed, i. e., the corpus deUcti to be presented. Independent of this 
error the record fails to disclose any criminal act of the accused under the fir.'^t charge. 
There is no evidence that a felonious assault was committed upon the soldier, Charles 
W. Ray, the only fact shown on that point being that the said Ray was seen at the 
hospital grievously wounded. Whether he received his wounds in open conflict with 
the enemy, whether within or without the lines of the American troops, whether he 
was the aggressor or victim, or whether he was alone or a component of an armed 
force, the reviewing authority is unable to determine from the record. 

Furthermore, the alleged confession of accused does not necessarily imply crimi- 
nality. From the confession it appears the accused was the insurgent commander of 
the band which inflicted the wounds upon Ray, and that said band was acting under 
thegeneral orders of Alipio Tecson,to attack the enemy when they were encountered. 
No fact in the record negatives the presumption in favor of the accused that such 
attack was a legitimate one, incidental to a state of war. 

Under the charge of abduction and the third charge, robbery, the evidence shows 
that the accused was present ^^■ith a l)and of outlaws under the command of one 
Bautista, and is jointly responsible, with the other members of the band, for these 
crimes. 

It appears, however, that he was not an active participant therein, nor is there 
any evidence that he shared in the division of the moneys taken by force and vio- 
lence from the abducted women. 

In view of this mitigating circumstance and his rightful acquittal of the fourth 
charge, some leniency will be shown him. 

The sentence, approved by the department commander, is confirmed, but is miti- 
gated to ten years' imprisonment at hard labor. As thus mitigated, the sentence will 
be duly executed at the Presidio de Manila, to which place the prisoner will be sent 
under proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General, 



Headquarters Division of the Philippines, 

Manila, F. ./,, August 30, 1901.. 
General Orders, No. 242.] 

Before a military commission, which convened at San Francisco de Malabon^ 
Cavite Province, Luzon, P. I., pursuant to paragraph 6, Special Orders, Xo. 124, 
Headquarters Department of Southern Luzon, May 4, 1901, and of which Major 
Charles W. Mason, 4th L^. S. Infantry, was president, and Second Lieut. Arthur W. 
Brown, 4th U. S. Infantry, was judge-advocate, was arraigned and tried Esteban 
San Juan, a native. 

Charge. — " Murder. ' ' 

Specification 1. — **In that Esteban San Juan, a native, and an ofl^icer in the insur- 
gent army, combining and confederating with certain other persons, did feloniously, 
Avillfully, and with malice aforethought, kill and murder Private Charles R. White, 
Company H, 4th U. S. Infantry, by choking him with cords placed about his neck 
and held in the hands of some of said persons, from the effects of which the said 
private, Charles R. White, then and there died. This in time of insurrection, at or 
near the place known as Tres Pozos, in the town of Santa Cruz, province of Cavite,, 
a place under the military orovernment of the United States, on or about the 13th. 
day of February, 1901." 

Specification 2. — "In that Esteban San Juan, a native, and an oflEicer in the insur- 
gent army, combining and confederating with certain other persons did, feloniously, 
willfully, and with mali(;e aforethought, kill and murder Thomas H. ISIathis, Com- 
pany H, 4th U. S. Infantry, by choking him with cords placed about his neck and 
held in the hands of some of said persons, from the effects of which the said Private 
Thomas H. Mathis then and there died. This in time of insurrection, at or near 
the place known as Tres Pozos, in the town of Santa Cruz, province of Cavite, a place 
under tlie militarv government of the United States, on or about the 13th day of 
Februarv, 1901." ' 

Plea.— "Not guilty." 

Finding.— "Guilty." 

Sentence. — And the commission does therefore sentence him, Esteban San Juan, 



364 CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 

*'tobe hanged by the neck until dead, at such time and place as the reviewing 
iiuthority may direct, two-thirds of the members concurring therein." 

In the foregoing case, it appears that this accused, Esteban San Juan, was a colonel 
of insurgents and the ranking officer in the vicinity of Cavite, P. I. ; that two Amer- 
ican soldiers, while unarmed and unresisting, were captured by insurgent forces near 
San Francisco de Malabon, and transferred from insurgent station to station, until 
they reached the encampment of the accused, who thereupon ordered and caused 
these prisoners to be bound to trees and strangled to death with cords. 

Xo doubt of the full guilt of accused, as alleged, arises from the record. The 
•wanton and 1)arbarous murder of helpless prisoners deserves but one fitting penalty. 

The sentence, approved by the department commander, is confirmed and will be 
•duly executed at the city of 3Ianila, Luzon, P. I., on the twenty-seventh (27th) day 
of September, A. D. 1901, under the direction of the commanding officer, post of 
Manila. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquaetees Division of the Philippixes, 

Manila, P. L, September 9, 1901. 
General Orders, Xo. 261:. 

Before a military commission which convened at San Fernando de la Union, Luzon, 
P. I., f)ursuant to paragraph 2, Special Orders, Xo. 158, Headquarters Department of 
Xorthern Luzon, October 3, 1900, and of which Lieut. Col. Samuel ^I. Swigert, 13th 
tJ- S. Cavalry, was president, and Maj. Charles F. Kieffer. surgeon, 48th Infantry, 
U. S. Volunteers, was judge-advocate, was arraigned and tried Pedro A. Cruz, a 
native. 

Chaege. — -"Murder, in violation of the laws of war." 

Specification. — "In this, that he, Pedro A. Cruz, a leader of an armed band of guer- 
rillas operating in L'^nion Province, Luzon, P. I. , did permit two American prisoners 
who were in his charge, one James R. Husketh, Company H, 29th Infantry, L^. S. 
Volunteers, and one Sullivan, a commerciante, to be murclered by one Hilario Que- 
sada and a detachment of guerrillas under the said Hilario Quesada's immediate 
•command, the said Pedro A. Cruz being the officer in immediate command of the 
guerrillas guarding the aforesaid American prisoners. This at or near the rancheria 
of Sabed San Juan, a place in active theater of military operations, on or about 
March, 1900, a time of insurrection." 

Plea.— "Xot guilty." 

Finding. — Of the specification, "guilty, except the words 'a leader of a band of 
armed guerrillas operating in L'nion Province, Luzon, P. I., did permit,' substituting 
therefor the words 'an insurgent officer, did by his presence aid in the murder of,' 
also excepting the words 'who were in his charge,' also excepting the words 'to be 
murdered,' also excepting the words 'the said Pedro A. Cruz being the officer in 
immediate command of the guerrillas guarding the aforesaid American prisoners;' of 
the excepted words not guilt v and of the substituted words guilty." Of the charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, the said Pedro A. 
Cruz, native, "to be confined at such place as the reviewing authority may direct, at 
hard labor, for the period of twenty years." 

In the foregoing case it appears that the accused, Pedro A. Cruz, a first lieutenant 
of the insurgent army, while accompanying a band of insurgents under the command 
of Second Lieutenant Hilario Quesada, but exercising no function of control or com- 
mand over the same, was present when said Hilario Quesada was ordered by his lieu- 
tenant-colonel to kill two American prisoners and was present when said order was 
executed. 

It does not appear that accused in any wise participated in the killing, but he is 
charged with the murder "for not preventing the same." This allegation in the 
specification is insufficient without the additional allegation that accused had the 
power to prevent the crime. And the amendment of the specification by the com- 
mission to the effect that accused "did aid in the murder by his presence" is also 
insufficient in that mere presence at the scene of crime does not necessarily imply 
aid, in the absence of participation, sanction, or encouragement. 

The order to kill was given directly to Quesada by his lieutenant-colonel, over whom 
accused then exercised no control. And it is affirmatively shown that accused took 
no part in the killing; and from the evidence it is believed could not not have pre- 
vented the crime. Those responsible therefor have already been condemned to 



CHAEGES OF CRUELTY, ETC., TO EILIPIlSrOS. 365 

death, and certain others, forced to participate under the immediate command of 
their officers and in fear of death in event of their refusal, have been released under 
disapproval of their sentences. 
The sentence is disapproved and the accused, Pedro A. Cruz, will beset at liberty. 
By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-General. 



Headquarters Division of the Philippines, 

Manila, P. I., September 12, 1901. 
General Orders, Xo. 272. 

Before a military commission which convened at San Fernando, Union, Luzon, P. 
I., pursuant to paragraph 15, Special Orders, No. 197, Headquarters Department of 
Northern Luzon, July 20, 1901, and of which Major George P. Porden, 5th U. S. 
Infantry, was president, and Captain Edward Sigerfoss, 5th Y . S. Infantry, was judge- 
advocate, was arraigned and tried Juan M, Gutierrez, native. 

Charge. — " Murdering prisoners in violation of the laws of war." 

Specification. — In that he, Juan M. Gutierrez, a major of the insurgent forces, did 
order and command that an American soldier. Private James Husketh, Co. H, 29th 
Infantry, Y. S. V., and a noncombatant, one Greorge Sullivan, both of the aforesaid 
men being prisoners of war m the custody of the troops under the immediate com- 
mand of the said Gutierrez, be murdered; which was done with bayonets held in 
the hands of certain soldiers and under the personal supervision of one Lieutenant 
Quesada, a subordinate officer of the said Gutierrez, which soldiers and officer, the 
said Gutierrez, had charged with the execution of these murders. This at or near 
the rancheria of Sabed, a place then as now, in the theater of active military opera- 
tions and in the month of March, 1900, then as now, in time of insurrection aeainst 
the United States." 

Plea.— "Not guilty." 

FindinCt. — ' ' Guilty. ' ' 

Sentence. — And the commission does therefore sentence him, Juan ]M. Gutierrez. 
" to be hung by the neck until dead, at such time and place as the reviewing author- 
ity may direct, two-thirds of the members of the commission concurring therein." 

In the foregoing case of Juan M. Gutierrez, it appears from the evidence that he 
held the rank of major in the insurgent forces, and that his scattered guerrilla com- 
panies, being close pressed by the approaching American troops, he gave orders to 
one Hilario Quesada, a 2d lieutenant, in command of guerilla No. 5, to whose custody 
deceased had been committed, to kill them if driven from his then locality at Dercas. 
Later, the accused gave Quesada orders to join him with his command at Sabed, a 
few hours march from Dercas. Quesada obeyed the order, and in reporting with 
his command, was met Avith reproof because he had not already executed his prison- 
ers. Thereupon the accused gave Quesada positive orders to execute them, giving 
as his reason, that there was danger of their recapture by the American forces, when 
they would be at liberty to disclose the hidden retreats in the momitains of the guer- 
rilla bands commanded by the accused. Such a murderous rule of action would con- 
demn to death half the prisoners taken by the insurgents and make of war on their 
part an organized method of wholesale assassination. The evidence further shows 
that the accused waited in the near vicinity of the place of execution and assured 
himself of the accomplishment of his murderous purpose. That the accused had 
sufficient intelligence to realize the enormity of his crime, the evidence convincingly 
shows. No mitigating circumtances appears of record and no doubt exists of his 
guilt. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at San Fernando de la L'nion, Luzon, P. I., on the eighth (8th) day of 
November, A. D. 1901, under the direction of the commanding general, department 
of Northern Luzon. 

By command of Major General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. J., October 22, 1901. 
General orders. No. 321. 

Before a military commission which convened at Guinobatan, Albay Province, 
Luzon, P. L, pursuant to paragraph 7, special orders, No. 148, Headquarters Depart- 



366 CHARGES OF CRUELTY, ETC. , TO FILIPINOS. 

meiit of Southern Luzon, ]May 28, 1901, and of which Maj. Henry H. Wright, 9th 
U. S. Cavalry, was president, and First Lieut. George B. Pritchard, 9th IT. S. Cavalry, 
was judge-advocate, was arraigned and tried Juan Biron, a native. 

Charge. — "Accomplice in the crime of assaulting and maiming a scout in the 
service of the United States." 

Specification. — ^' In that Juan Biron, a native, did, on or about the 26th day of 
February, 1901, then as now a time of insurrection at Bascaran, province of Albay, 
P. I., a place then as now under military government of the L'nited States, hold one 
Felix Losedo, a scout in the service of the United States, while one Pedro Alcera, a 
native, assaulted him with a sharp instrument, cutting off one ear and stabbing him 
in both eyes, thereby destroying the sight of one eye and seriously wounding the 
other eye." 

Plea'.— "Xot guilty." 

Finding. — Of the specification, "guilty, substituting the word 'assault' for the 
word ' hold ' , and excepting the words ' while one Pedro Alcera, a native, assaulted 
him;' of the excepted words, not guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefore sentence him, Juan Biron, native, 
"To be confined at hard labor at such place as the reviewing authority may direct 
for the period of fifteen years." 

In the foregoing case it appears that the accused, Juan Biron, an alleged lieutenant 
of the insurgent army, captured at Bascaran, Albay, one Felix Losedo, a scout in the 
employ of the United States, bound him to a tree and then with a razor cut off an 
ear and slashed his eyes with the intent to blind him, with the result that the sight 
of one was totally destroyed and that of the other permanently impaired. 

The sentence, approved by the Department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which this prisoner will be sent under 
proper guard. 

Bv command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquartees Division of the Philippines, 

Manila, P. L, October 29, 1901. 
General Orders, No. 334. 

Before a military commission which convened at Echague, Isabela, Luzon, P. I., 
pursuant to paragraph 12, Special Orders, No. 121, Headquarters Department of 
Northern Luzon, May 3, 1901, and of which Capt. George E. French, 16th U. S. 
Infantry, was president and Second Lieut. Charles L. McKain, 16th U. S. Infantry, 
was judge-advocate, were arraigned and tried : 

I. Juan de Jesus and Roque Escarios, natives. 

Charge. — "Murder, in violation of the laws of war." 

Specification. — " In that they, Juan de Jesus and Roque Escarios, native Filipinos, 
and each of them, on or about the 13th of February, 1901, then as now a time of 
insurrection, near the barrio of San Pedro, pueblo of Cordon, province of Isabela, 
Northern Luzon, P. L, a place then as now in the theater of active military opera- 
tions, in company of and consorting with a band of armed outlaws numbering six, 
more or less, armed with bolos, did willfully, feloniously, and with malice afore- 
thought kill and murder Privates Alva Feagans and William Gray, Company A, 
16th U. S. Infantry, by cutting and stabbing them M'ith bolos held in the hands of 
said band, inflicting wounds whereof the said Privates Feagans and Gray, and each 
of them, then and there died." 

Pleas. — "Not guilty." 

Findings. — Of the specification, "guilty, except to the words 'Privates Alva 
Feagans and William Gray, Company A, 16th U. S. Infantry,' substituting therefor 
'two American soldiers, names unknown,' and of the excepted words, not guilty, 
and of the substituted words, guilty." Of the charge, "guilty." 

Sentence. — And the commission does therefor sentence them, Juan de Jesus and 
Roque Escarios, natives, and each of them, "to be hanged by the neck until dead, 
at such time and place as the reviewing authority may direct, two-thirds of the 
members concurring therein." 

In the foregoing case of Juan de Jesus and Roque Escarios, natives, these accused 
upon their trial admitted that they were present and witnessed the killing of two 
American soldiers, but sought to avoid any responsibility for the murder by their 



CHAEGES OF CRUELTY, ETC., TO FILIPINOS. 367 

unsupported statements that they M-ere compelled to be present by five men whom 
they did not know and who were the real perpetrators of the crime. 

From the evidence it appears that the presidente of the pueblo of Cordon had 
knowledge of this murder at the time it was committed, directed the bodies to be 
buried, and gave warning that death would be meted out to anyone disclosing the 
crime to the American authorities. The facts established show that there was a 
conspiracy to commit this murder, and that beyond a reasonable doubt these 
accused were active participants therein. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the period of the natural life of the prison- 
ers, Juan de Jesus and Roque Escarios, and will be duly executed at the Presidio de 
Manila, to which they will be sent under proper guard. 

II. Juan Ramires, native. 

Charge. — " Misconduct and neglect of duty as presidente." 

Speciticntion 1. — "In this that he, Juan Ramires, native, and presidente of the 
municipality of Cordon, province of Isabela, Northern Luzon, P. I., established by 
the United States of America, having knowledge of the murder of Privates Feagans 
and Gray, Company A, 16th U. S. Infantry, by insurrectionists against the authority 
of the United States, did fail and neglect to report such knowledge to the command- 
ing officer of the United States troops in said municipality. This at Cordon, province 
of Isabela, Northern Luzon, P. I., on or about February 14, 1901, in time of insur- 
rection." 

Specification 3. — "In this that he, Juan Ramires, native, and presidente of the 
municipality of Cordon, province of Isabela, Northern Luzon, P. L, established by 
the United States of America, did tell his municipal cabezas in a body that two 
American soldiers had been murdered by insurrectionists, and if they, the cabezas, 
told any Americans about it, he, the presidente, would have their, the cabezas', 
heads cut off.- This at Cordon, province of Isabela, Northern Luzon, P. I., on or 
about February 15, 1901, in time of insurrection." 

Specification 3. — "In this that he, Juan Ramires, native, and presidente of the 
municipality of Cordon, province of Isabela, Northern Luzon, P. I., established by 
the United States of America, did order the lieutenant of the barrio of San Pedro to 
have the bodies of two American soldiers, who had been murdered by insurrection- 
ists, buried, and if he or his men told of it, he, the presidente, would have their 
heads cut off. This at Cordon, province of Isabela, Northern Luzon, P. I., on or 
about February 14, 1901, in time of insurrection." 

Specification 4- — "In this that he, Juan Ramires, native, and presidente of the 
municipality of Cordon, province of Isabela, Northern Luzon, P. I., established by 
the United States of America, did send by private messengers, rice and other articles 
to the insurrectionists operating near Cordon, Isabela, Luzon, P. I. This at Cordon, 
province of Isabela, Northern Luzon, P. I., on or about January 10, 1901, in time of 
insurrection." 

Plea.— "Not guilty." 

Finding. — Of the first specification, "Guilty, except of the words, 'Privates Fea- 
gans and Gray, Company A, 16th V. S. Infantry,' substituting therefor, 'two 
American soldiers, names unknown,' and of the excepted words, not guilty, and of 
the substituted words, guilty." Of the second specification, "guilty." Of the third 
specitication, "guilty." Of the fourth specification, "guilty." Of the charge, 
"guilty." 

Sentence. — And the commission does therefore sentence him, Juan Ramires, 
native, and presidente of the nmnicipality of Cordon, Isabela, P. I., "To be hanged 
by the neck until dead, at such time and place as the reviewing authority may 
direct, two-thirds of the members concurring therein." 

In the foregoing case of Juan Ramires, native, it appears from the evidence that 
the accused, while in office under the American authority, as presidente of the 
pueblo of Cordon, had knowledge of the murder of two American soldiers; that he 
gave orders for the immediate burial of their bodies, and threatened with death any 
one who should inform the American authorities of the murder. That he is guilty 
as charged, the evidence — including his own admissions — leave no doubt. lender 
the laws of war the sentence of the commission is fully justified. 

The sentence, approved by the department commander, is confirmed, but is com- 
muted to imprisonment at hard labor for the period of his natural life, and as thus 
commuted will be duly executed. The Presidio de Manila is designated as the place 
of confinement, to which this prisoner will l)e sent under proper guard. 

Bv command of Major-General Chaffee. 

W. P. Hall, 
Assistant Adjutant- General. 



368 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Headquarters Division of the Philippines, 

Manila, P. L, November 4, 1901. 
General Orders, No. 337. 

Before a military commission which convened at Malabon, province of Manila, 
Luzon, P. I., pursuant to paragraph 5, Special Orders, Xo. 156, Headquarters 
Department of Northern Luzon, June 8, 1901, and of which Maj. William H. Cook, 
surgeon, L". S. Volunteers, was president, and First Lieut. Paul Giddings, 3d V. S. 
Infantry, was judge-advocate, were arraigned and tried Agapito Ygnacio, Manuel 
Lerma, Pio Sacdalan, and Benito Clemor, natives. 

Charge — ' ' Murder. ' ' 

Specification. — "In that Agapito Ygnacio, Manuel Lerma, Pio Sacdalan, and Benito 
Clemor, natives, holding the respective ranks of 'comandante,' ' comandante, ' 
'capitan,' and 'teniente,' in the so-called insurgent army, were members of a party 
of insurgents, part of whom were dressed in the ordinary clothing of the inhabitants 
of the countr)^, who did waylay, and willfully, feloniously, and with malice afore- 
thought, murder, and kill First Lieut. Walter C. Brewer and Private Gallagher, 27th 
Infantry, U. S. Volunteers, by means of shots fired from rifles or strokes from bolos, 
held in the hands of unknown members of this party, after both had surrendered, 
whereby wounds were inflicted from which the said Lieutenant Brewer and the said 
Private Gallagher then and there died. This at the barrio of Talipapa, pueblo of 
Caloocan, province of Manila, Luzon, P. L, about the J 3th of July, 1900, in time and 
place of insurrection against the authority of the United States." 

Pleas— "Not guilty." 

Findings. — xVgapito Ygnacio, Pio Sacdalan, and Benito Clemor, of the specification, 
"guilty" with the exception of the words, "First Lieut. Walter C. Brewer and Pri- 
vate Gallagher, 27th Infantry, U. S. Volunteers," and substituting therefor the 
words, "an American officer and a soldier, names unknown" and with the exception 
of the words "Lieutenant Brewer and the said Private Gallagher," substituting there- 
for the Avords, "American officer and the said soldier, names unknown," of the 
excepted words, "notguiltv," of the substituted words, "guilty." Of the charge, 
"guilty." 

Manuel Lerma : ' ' Not gui Ity . ' ' 

Sentence. — And the commission does therefore sentence them, xlgapito Ygnacio, 
Pio Sacdalan, and Benito Clemor, natives, and each of them, "To be confined at 
hard labor, at such place as the reviewing authority may direct, for the period of 
their natural lives." And the commission does therefore acquit him, Manuel 
Lerma, native. 

In the foregoing case, it appears that the accused, Agapito Ygnacio, a major of a 
so-called band of insurgents, and Pio Sacdalan and Benito Clemor, lieutenants, were 
ofl&cers exercising functions of command in a band, part of whom were dressed in 
the ordinary clothing of peaceful inhabitants of the country, which lay in ambush 
within the lines of American occupation on the road from Caloocan to Novaliches 
about July 1, 1900. On the approach from Novaliches of an officer, evident fy First 
Lieut. Richard H. Brewer, 27th L^. S. Volunteer Infantry, and an enlisted man of the 
same regiment, the band opened fire upon them. These deceased then dismounted, 
ran to shelter, threw down their revolvers, and raised their arms in sign of surren- 
der. The band then surrounded them, conveyed them to a point of some fifty yards 
distant, stripped them of their clothing, made them kneel, and killed them by stab- 
bing one in the back with a dagger and shooting the other from behind with a 
revolver. The accused, Agapito Ygnacio, Pio Sacdalan, and Benito Clemor person- 
ally ordered and participated in the consummation of this barbarous crime. 

The sentence, approved by the department commander, is confirmed and will be 
duly executed at the Presidio de Manila, to which the accused, Agapito Y^gnacio, Pio 
Sacdalan, Benito Clemor will be sent under proper guard. The accused, Manuel 
Lerma, will be set at liberty. 

By command of Major-Generai Chaffee: 

W. P. Hall, 
Assistant Adjutant- General. 



Headquarters Division of the Philippines, 

Manila, P. I., November 25, 1901, 
General Orders, No. 364. 

Before a military commission which convened at Baliuag, Bulacan, Luzon, P. I., 
pursuant to paragraph 4, Special Orders, No. 212, Headquarters Department of North- 
ern Luzon, August 6, 1901, and of which Capt. James H. McRae, 3d U. S. Infantry, 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 369 

was president, and Second Lieut. Robert I. Rees, 3d U. S. Infantry, ^vas judge- 
advocate, were arraigned and tried Mariana Cruz and Marcelino Trapiel, natives. 

Charge.— "Murder." 

Spedficatlon. — " In that Mariano Cruz and Marcelino Trapiel, natives, and each of 
them, at the barrio San Vicente, pue'olo of Malolos, province of Bulacan, P. I., in 
territory then, as now, occupied by the United States troops and at a time then, as 
now, of" insurrection against the lawful authority of the L'nited States, did willfully, 
feloniously, and with malice aforethought kill and murder Crestof A. Fiedler, cor- 
poral. Company F, 3d Infantry, acting provost-sergeant of Malolos, by shooting 
him with a revolver held in the hands of the said Mariano Cruz, and by stabbing 
him with a dagger held in the hands of the said Marcelino Trapiel, inflicting wounds 
thereby whereof the said Crestof A. Fiedler, corporal, company F, 3d Infantry, 
then and there died. This at the place above specified, about 2 o'clock p. m., on 
or about September 29, 1900." 

Pleas. — To the specification, "guilty, except to the words, 'willfully, feloniously, 
and with malice aforethought ' and 'and murder;' and of the excepted words not 
guilty;" to the charge "not guilty." 

Findings. — " Guilty." 

Sentence. — And the commission does therefore sentence them, Mariano Cruz and 
Marcelino Trapiel, and each of them, "to be hanged by the neck until dead, at such 
time an*d place as the reviewing authority may direct, two-thirds of the members 
concurring therein." 

In the foregoing case of Mariano Cruz and Marcelino Trapiel, natives, it appears 
by the evidence that these accused were ordered and induced by the promise of 
future reward to waylay and kill Corporal Crestof A. Fiedler, Company F, 3d In- 
fantry, who, it appears, had made himself obnoxious to the insurgents operating in 
the vicinity of Malolos because of the manner in which he, as an acting provost- 
sergeant, enforced sanitary regulations, and of his watchfulness of the insurgents 
stealing into the barrio of San Vicente in the dress of peaceful amigos. The accused 
jnen pleaded 'the orders of their chiefs' to exculpate them from responsibility, but 
while these chiefs incited the murder and held out hope of reward for its execution, 
these accused v>-ere free to refuse to act the part of paid assassins. 

The sentence, approved by the department commander, is confirmed, and will be 
duly executed at Malolos, province of Bulacan, Luzon, P. I., on the nineteenth 
(19th) day of December, A. D. 1901, under the direction of the commanding gen- 
eral of the Department of Northern Luzon. 

By command of Major-General Chaffee: 

W. P. Hall, 
Assistant Adjuiant- General. 



Headquaeters Division of the Philippines, 

ManUa, P. I., Xovember 30, 1901. 
General Orders, No. 370. 

I. Before a military commission which convened at Baliuag, Bulacan, Luzon, P. I., 
pursuant to paragraph 5, special orders, No. 253, Headquarters Department of 
Northern Luzon, September 23, 1901, and of which Brig. Gen. William H. Bisbee, 
U. S. A., was president, and Second Lieut. Robert I. Reeves, Third U. S. Infantry, 
was judge-advocate, was arraigned and tried: 

Isidoro Torres, native. 

Charge. — "]\Iurder, in violation of the laws of war." 

SpecificntUrn. — ''l\\ that Lsidoro- Torres, native, while occupying the position of 
general oriicer in the so-called insurgent army, in the Province of Bulacan, Luzon, 
P. I., territory, then as now, occupied by United States troops, some time during 
the month of Sei)tember, 1900, exact date unknown, a time, then as now, of insurrec- 
tion against the authority of the United States, did willfully, feloniously, and with 
malice aforethought procure and obtain the killing and nuu-dering of' one Corpl. 
Crestof A. Fiedler, Company F, Third U. S. Infantry, acting provost sergeant of 
Malolos, by ordering and directing that said Corporal Fiedler be put to death, in 
consetjuence of which orders and directions, and in pursuance thereof, the said Cor- 
poral Fiedler was killed and murdered at the barrio San Vicente, pueblo of Malolos, 
Province of Bulacan, P. I., on or about September 29, 1900, by being struck on the 
head with iron missiles, by being stabbed with a dagger, and "by being shot with a 
revolver at the hands of Marcelino Trajnel, and by being shot with a revolver held 
in the hands of one ^Liriano Cruz, whereby divers and sundi-v wounds were inflicted, 
whereof the said Corporal Fiedler then and there died." 

Plea.— "Not guilt v." 

FiNDiN(4.— "Guilty." 

S. Doc. 205, pt 2—24 



370 CHARGES OF CRUELTY, ETC., TO FILIPINOS. 

Sei^^exce. — And the commission does therefore sentence him, Isidore Torres, 
native, "to be hanged by the neck nntil dead, at such time and place as tlie review- 
ing autiiority may direct, two-thirds of the members of the commission concurring 
therein/' 

In the foregoing case it appears that the accused, Isidoro Torres, was a general 
of insurgent guerrilla forces operating in the Province of Bulacan, and that the 
deceased, Corpl. Crest of A, Fiedler, Company F, Third U. S. Infantry, was called to 
the special attention of the accused through complaints of the people of Malolos 
concerning the manner in which decedent enforced sanitary regulations, over which 
he exercised authority as acting provost sergeant. Decedent was also noted for 
watchfulness of strangers coming into 3Ialolos, and in calling ui:>on them to give an 
account of their business; whereby he caused the insurgent soldiery — who "in the 
guise of amigos visited the pueblo — much inconvenience in their constant efforts to 
secretly secure supplies and to gain information regarding the movements and objects 
of the American troops. In a single instance, in making arrests of such disguised 
insurgents, the arrested man broke away from his captors, ran, and refusing to halt, 
was shot down by decedent, who at once removed the wounded man to the hospital 
for medical care. 

These several incidents, the evidence plainly shows, created a general feeling of 
dislike against Corporal Fiedler. The inhabitants of 3Ialolos apparently did not 
appreciate the benefits following from well-policed yards and healthful surroundings, 
and the accused and his followers feared and disliked decedent because of his efficient 
interference with their secret incursions into Malolos. 

The wounding of one of these emissaries, as stated, appears to have led to a final 
determination on the part of the insurgents to kill Corporal Fiedler. Former officers 
and soldiers of the accused called as witnesses — two of whom are now under sentence 
of death for participation in this crime — declared that the accused issued a written 
order directing it to 1)e done. The prosecution was unal)le to produce this order, 
l)ut with suspicious unanimity the witnesses testified to the contents thereof as they 
saw, read, or heard it read; and as the defense has shown that these witnesses have a 
strong motive for laying the entire responsibility for this nmrder u]>on accused, some 
doubt arises as to the reliability of their testimony. 

The commanding general is also reluctant lO record his conviction upon the evi- 
dence in the case, that a man of the intelligence and high command of the accused 
could have descended to such a cowardly act as the employment of ununiformed 
men to steal within the lines of his enemy to assassinate an individual soldier, merely 
because such enemy soldier was efficient in the performance of his bounded duty; 
such an act would render the author infamous in the eyes of all manly men, and cast 
him out from the protection the laws of war extend to honorable combatants 

Upon the face of the record, the finding and sentence of the commission is justi- 
fied; l;)ut for reasons stated, the commanding general of the division is pleased to 
give the accused the benefit of a doubt the evidence does not satisfactorily remove 
from his mind. 

The sentence is disapproved; the accused. Isidoro Torres, will be set at liberty. 

II. Before a military commission, which convened at Baliuag. Bulacan, Luzon, 
P. I., pursuant to paragraph 10, Special Orders, Xo. 166, Headquarters Department 
of Xorthern Luzon, June IS, 1901, and of which Captain James H. McEae, 3d U. S. 
Infantry, was president, and 2d Lieutenant Oliver H. Dockerty, jr., 3d L^. S. Infantry, 
was judge-advocate, was arraigned and tried: Emilio Santa Maria, native. 

Charge. — " Murder, in violation of the laws of war," 

Specification. — " In that Emilio Santa Maria, native, a lieutenant of volunteers of 
insurgent forces, did willfully, feloniously, and with malice aforethought, kill and 
murder Private Charles A. Baker, Company A, 35th Infantry, V. S. Volunteers, a 
prisoner in the hands of Emilio Santa r^Iaria, and inflicting vv"ounds from which the 
said Private Charles A. Baker then and there died. This on or about October 3, 
1900, then, as now, a time of insurrection against the lawful authority of the United 
States, at or near Ylogbacod, a barrio of San Miguel de Mayumo, province of _ Bala- 
can, Luzon, P. I., a place, then, as now, inthe theater of active militarv operations." 

Plea.— "Not guilty." 

FiNDiN(i. — Of the specification " 'guilty' except the words, 'lieutenant of volun- 
teers,' and ext^ept the words, 'Private Charles A. Baker, Company A, 35th Infantry, 
U. S. Volunteers,' and substituting therefor the words 'member' and 'an American 
soldier, name unknown,' respectively, and except the words, 'Private Charles A. 
Baker,' wherever else it may occur in the specification, substituting therefor, in each 
case, the words, 'an American soldier,' of the excepted words not guilty and of the 
substituted words, guilty of the charge, guilty." 

Sentence. — And the commission does, therefore, sentence the accused, Emilio 
Santa ^Nlaria, "to be hanged by the neck until dead, at such time and place as the 
reviewing authoritv mav direct, two-thirds of the members concurring therein " 



CHARGES OF CRUELTY, ETC., TO FILIPINOS. 371 

In the foregoing case of Emilio Santa Maria, native, it appears tiiat the accused 
Avas a trusted soldier, and at the time an acting heutenant in the insurgent forces; 
that he and his companions, Avhile in the ordinary dress of noncombatants, kid- 
naped in the streets an American soldier, and, taking him to a safe distance, tiie 
accused, with a rifle, shot his prisoner and caused him to be buried. The accused, 
upon his trial, admitted facts making him clearly a principal in this wanton murder, 
and the weight of the testimony of eyewitnesses, leaves no reasonable doubt that he 
conceived, as well as executed it. 

The sentence, approved by the department commander, is confirmed, and will 
be duly executed at Baliuag, Bulacan, Luzon, P. I., on the twenty-third (23d) day 
of December, A. D. 1901, under the direction of the commanding general, Depart- 
ment of Xorth Philippines. 

Bv command of ^Nlaior-General Chaffee: 

W. P. Hall, 
Assistant Adjutant-Gene red. 



Headquarters Division of the Philippines, 

ManUa. P. J., Decendjer 10, 1901. 
General Orders, No. 388. 

Before a military commission, which convened at INIalabon, Rizal Province, Luzon, 
P. I., pursuant to paragraph 5, Special Orders, Xo. 156, Headquarters Department of 
Northern Luzon, June 8, 1901, and of which Maj. William H. Cook, surgeon, L". S. 
A\)lunteers, was jiresident, and First Lieut. Paul Giddings, battalion adjutant, 3d 
U. S. Infantry, vras judge-advocate, was arraigned and tried: Gabino de la Cruz, 
native. 

Charge. — ' ' Murder. ' ' 

Speci-ticcdion. — " In that he, Gabino de la Cruz, a native, on or about the 1st day of 
June, 1899, a time of insurrection, in the town of Bocaue, Bulacan. P. I., a place 
then within the theater of active militar}' operations, did wilfully, feloniously, and 
with malice aforethought, kill and murder one American soldier, name unknown, by 
stabbing or cutting said American soldier, name unknown, with the weaj^on coni- 
monly known as a 'bolo,' said American soldier being asleep in the street and in a 
helpless condition from intoxication, inflicting wounds whereof said American soldier, 
name unknown, then and there died. This at Bocaue, Bulacan, P. I., then within 
the theater of active military operations by the United States forces, on or about the 
1st dav of June, 1899, a time of insurrection against the L'nited States." 

Plea.— "Not guilty." 

FixDiXG. — "Guilty." 

Sentence. — And the commission does therefore sentence him, Gabino de la Cruz, 
native, "to be hanged by the neck until dead, at such tiniie and place as the review- 
ing authority may direct, two-thirds (|) of the commission concurring therein." 

In the foregoi]ig case of Gabino de la Cruz, the alleged crime was conmiitted in 
June, 1899, and the commission has found the accused guilty of all the allegations of 
the specification without exce})tion, M'hereas there is not a word of evidence, oral or 
documentary, that the deceased soldier had l)een killed by a bolo or that he was 
" asleep in the street and in a helpless condition of intoxication." No one saw the 
accused strike decedent. Suljject to the foregoing remarks, the finding is confirmed. 

A strong chain of circumstantial evidence connects accused with the crime. He 
was the first man seen with the dead body, and he called others to assist him in 
removing it and to obliterate traces of l^lood from the place where the bod}' had lain. 
He was also the last man with the body in a banca iii which he caused it to be 
placed and by which he alone conveyed it down river toward the oj^en sea. All this 
was done at night, under cover of darkness. This evidence, all circumstantial as to 
the fact of the killing, is supported by the testimony of one witness, who testified 
that the accused volunteered the statenient that he, accused, killed the soldier. 

In view, however, of the fact that this crime was committed a long time ago, when 
the hostile feeling occasioned by active warfare was very great, and the people of 
these islands had practically no knowledge of the laws of war; and, also nu)ved by 
the fact that the sentence first im))osed was less than death, the sentence as finally 
imposed by the connnission under its lawfully invited acti(jn to reconsider its first 
sentence, while confirmed, is comrimte<l to imprisonment at hard labor for the term 
of thirty years. As thus connnuted, the sentence will be duly executed at the 
Presidio de Manila, to which place the prisoner will be sent under proper guarcj. 

Bv connnand of Major-General Chaffee: 

AV. P. Hall, 
Assistant A djutant- General. 

() 



AUG -0 I*;''!? 



